Blog & News Archive

Barrick and Forth: The Pennsylvania Superior Court Reverses Course and Finds that Attorney/Expert Communications are Immune From Discovery

Dec 7, 2011

Author: Marc L. Penchansky On November 23, 2011, the Superior Court sitting en banc issued its opinion in Barrick v. Holy Spirit Hospital, 2011 Pa. Super. 251 (2011). The full…


Happy Thanksgiving

Nov 23, 2011

Wishing everyone a very Happy Thanksgiving from all of us at McCumber Daniels! Please let us know if there is a legal topic that you would like to learn more…


I’m Sorry? A recent study shows that nurses are less likely to disclose medical error if they believe they may be sued or reprimanded

Nov 21, 2011

Many states are now passing laws commonly referred to as “apology legislation” which is designed to allow medical professionals to express empathy for, and take ownership of an unforeseen outcome…


New Courtroom Tactic: 3-D Images, Friend or Foe?

Nov 18, 2011

I turn away from the video simulation, tears swelling in my eyes. The images from this exhibit have shaken me to my core and I am fairly certain that I…


The Dark Side of Corporate Social Media

Nov 8, 2011

Social media is a fast and inexpensive way for companies to disseminate information about its products and services. It also helps businesses connect quickly with their customers by allowing them…


Violating COBRA’s Continuation Coverage: Damage Control

Oct 21, 2011

What would you do if you suddenly realized that a number of your terminated employees were never provided notice of their right to purchase COBRA health care coverage? And even…


Pennsylvania Superior Court Rules that Unauthenticated Text Messages Inadmissible at Trial

Oct 10, 2011

Author: Patrick J. Healey The Pennsylvania Superior Court recently decided a criminal case which could have broad implications in civil matters. In Commonwealth v. Koch, 2011 WL 4336634 (Pa.Super.), a…


HHS Takes Action to Provide Mandated Confidentiality for Practitioners Reporting to the National Practitioner Data Bank

Sep 29, 2011

Author: Starlett M. Miller Finally taking a step toward protecting the privacy of reporting practitioners, the National Practitioner Data Bank (“NPDB”) has temporarily removed the Public Use Data File from…


Pennsylvania Judge Strikes Down the Patient Health Care and Affordable Protection Act of 2010 Provisions

Sep 19, 2011

Author: Patrick J. Healey On September 14, 2011, in the ongoing battle over healthcare, Judge Christopher Conner from the Middle District of Pennsylvania ruled that the “individual mandate” of the…


Legislative Success: Inadmissibility of “Never Events” in Medical Malpractice Claims

Aug 23, 2011

The recent Florida Legislative Session resulted in a series of small, yet significant, triumphs for hospitals and physicians faced with medical malpractice claims, as encapsulated in House Bill 479. The…


JAMA’s New Study: Inpatient & Outpatient Malpractice Claims

Aug 17, 2011

Author: Karen L. Tucci The Journal of the American Medical Association (JAMA) has reported the results of a recent study on the ‘Number of Inpatient and Outpatient Malpractice Claims.’ The…


The Pennsylvania Fair Share Act: The Fairest of Them All?

Jul 26, 2011

On June 28, 2011, Pennsylvania Governor Tom Corbett signed the highly controversial Act 17 of 2011 into law. This legislation has become popularly known as “The Fair Share Act,” as…


Lien on Me

Jul 18, 2011

Author: Marc L. Penchansky For over thirty years, the Pennsylvania Department of Welfare has sought to recoup its Medicaid expenses by asserting liens against future settlements or judgments obtained by…


The Layers of a Medical Error

Jul 5, 2011

The April 3, 2011, suicide of a nurse who administered an improper dose of calcium chloride, 10 times the appropriate amount, which may have led to the death of an…


To Be or Not to Be: New Jersey Judges can reduce Jury verdicts based upon the “Feel of the Case”

Jun 21, 2011

New Jersey’s Supreme Court recently issued an opinion that allows judges to reduce jury verdicts based upon their “feel of the case.” He v. Miller, A-81-09. On its face, this…


New Technology in Medical Record Keeping Creates New Jobs, and Perhaps New Challenges

May 25, 2011

In an interesting article by Stacey Burling, an Inquirer Staff writer, dated April 21, 2011, the author points out some new challenges and potential new jobs, created by the advent…


Recently Proposed Tort Reform in Medical Malpractice – H.R. 5

May 10, 2011

On January 24, 2011, Representative Phil Gingrey (R-GA), also a physician, introduced H.R. 5, a bill designed “To improve patient access to health care services and provide improved medical care…


Pennsylvania Supreme Court to Consider the Scope of Nursing Facility Liability

May 3, 2011

Author: Marc L. Penchansky On May 3, 2011, Appellants’ brief was due in the Supreme Court of Pennsylvania for the case of Scampone v. Highland Park Care Center, et al.…


Buying Craze: Hospital Groups Acquiring Physicians’ Private Practices

Apr 18, 2011

Physician-owned and operated medical practices appear to be going the way of the dodo. Across the U.S., hospital systems are buying out private medical practices at a rapid pace. Between…


Insurance Company’s Best Friend

Mar 29, 2011

Your home is insured. Your car is insured. Your life may be insured. Your dog is insured? Recent insurance industry headlines discuss insurance companies and the growing trend of policies…


Third District Quashes Orders Allowing Depositions of Apex Officials

Mar 16, 2011

Recently in the State of Florida, the Third District Court of Appeals overruled a trial court’s orders compelling the depositions of the CEO and former corporate secretary of an insurance…