Medical Malpractice

Superior Court Affirms that Jurors May Be Dismissed for Cause When There is the Prospect or Appearance of Partiality or Bias

In Cordes v. Assocs. of Internal Medicine, a divided Superior Court affirmed that jurors may be struck for cause for various reasons, including: First, indirect relationships of a juror to a party with which the juror has had no direct contact, including connections through spouses with a potential (also indirect) employment-related interest in the outcome […]

Read the Latest Pennsylvania Appellate Case Law

Our latest appellate newsletter, highlighting February 2014 published decisions from the Pennsylvania Supreme Court, Pennsylvania Superior Court and Pennsylvania Commonwealth Court, is now available. Just click here to read the latest case law on ethics, medical malpractice (jury instructions), workers’ compensation and sovereign immunity. To receive our monthly newsletter summarizing Pennsylvania appellate decisions, click here. […]

Superior Court Opines on Medical Malpractice & Ethics/Disqualification of Counsel

The Superior Court of Pennsylvania has ruled on two high profile matters, one a medical malpractice case (Matharu v. Muir) with a long appellate history, the other affirming that disqualification of counsel is appropriate when the attorney has acquired confidential information in a prior representation substantially related to the current pending matter (Dougherty v. Phila. Newspapers): […]

New Pa. Appellate Cases Tackle Medical Malpractice Jury Instructions and Delay Damages

Jury Instructions – Error in Judgment – In Passarello v. Grumbine, the Pennsylvania Supreme Court ruled that an “error in judgment” jury instruction should never be given to the jury in a medical malpractice action. “If a defendant desires an instruction that conveys the principle that an unfortunate result does not by itself establish negligence, […]

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