A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more
On-site expert review of electronic medical records (“EMR”) may no longer be a last resort in professional liability matters in New Jersey. A three-judge panel in New Jersey’s Appellate Division recently upheld a trial...more
Today the Pennsylvania Supreme Court issued an Order amending PA’s rule of civil procedure pertaining to venue. The Court’s amendment eliminates the provision, put in place nearly two decades ago, which mandated that medical...more
Where an initial tortfeasor settles in a successive negligence case, the non-settling tortfeasors do not get a credit at trial, says the New Jersey Appellate Division. The court held in Glassman v. Friedel, that non-settling...more
In response to calls from groups to protect Pennsylvania’s frontline healthcare providers, Governor Wolf signed an Executive Order “to enhance the protections for health care providers” during the COVID-19 health crisis. The...more
This document describes guidance issued during, or in response to, the COVID-19 crisis which impacts the provision of medical treatment via technological means (generally referred to as “telehealth” or “telemedicine”). It is...more
The novel coronavirus (COVID-19) took the world by storm, making its way across the globe at an unprecedented speed and forcing policymakers to take quick and aggressive measures in protecting the health and safety of the...more
On March 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued an order suspending standard healthcare facility surveys for a period of three weeks (“the prioritization period”). The only surveys that will be...more
Disruption caused by the novel coronavirus (COVID-19) could impact the way senior living communities, such as assisted living residences and nursing homes, run their facilities. Medical and legal issues should be considered...more
Monday, February 3rd, the Legislative Budget and Finance Committee, a joint committee of the Pennsylvania General Assembly, released its long-anticipated study examining the potential impact of the proposed repeal of the...more
As of December 23, 2018, Pennsylvania state law now contains new notification requirements for diagnostic imaging results. The Patient Test Result Information Act, 2018 Act 112 (the PTRIA), will require healthcare “entities”...more