Medical Malpractice
Our firm actively represents many medical professionals, including physicians, hospitals and health care providers, in medical malpractice litigation in Pennsylvania and New Jersey. Professionals and insurance companies have turned to us throughout the years for high quality representation in the defense of complex negligence claims. In both state and federal courts, the firm has an outstanding trial record. Success in this area is the result of our extensive contacts in the community, our abundant expert resources and the firm’s strong commitment to continued medical and legal training of its associates. Additionally, we have remained on the cutting edge of technological advances in both the office and courtroom settings. With the capability to electronically submit billing information and a variety of billing formats to meet client needs and specifications, we are able to successfully defend medical professionals of any nature with efficiency, as well as the highest degree of professionalism.
We served as liaison counsel for Pennsylvania plastic surgeons in the silicone gel breast implant litigation. In this capacity, the firm represented many plastic surgeons individually and coordinated national discovery efforts for defense attorneys state wide. We successfully defended the first such case ever tried in Pennsylvania. We were also extensively involved in the orthopedic bone screw (pedicle screw) litigation, and also successfully defended the first such case ever tried in Pennsylvania.
Our firm has developed a comprehensive network of highly specialized medical experts from many of the leading health care and teaching institutions across the country. Our extensive litigation experience has enabled us to develop an exhaustive expert data bank which allows our attorneys to retain experts whose credentials match the specific facts of each malpractice case. Whether the case calls for a pediatric neuroradiologist or a medical ethicist, the department is able to provide quality experts in the growing and ever changing environment of medicine and its subspecialties.
- The attorneys of the firm often give presentations in the area of professional liability defense, and have served as lecturers to medical professionals and attorney groups, both locally and state wide. Articles and presentations by members of the firm have covered such topics as the Peer Review Protection Act, the Health Care Services Malpractice Act and the interplay between health care providers and the strict liability provisions of Section 402A of the Restatement (Second) of Torts.
- Attorneys from the firm also serve as faculty members at the ABA National Institute on Medical Malpractice.
- The department is involved in the defense of mass tort cases and, in that capacity, is experienced in compiling and collating massive document productions.
- The department is also experienced in handling and litigating diverse insurance coverage issues and has extensive litigation experience concerning insurance company insolvencies.
Contact:
Carolyn M. Bohmueller
(610) 834-6254
(610) 834-1749 Fax
Click to Email
O'Brien & Ryan News
Defense Verdict in Favor of Maternal Fetal Medicine Specialist in Stillbirth Case
Carolyn M. Bohmueller and Joana Gaizelyte-Lacy represented a maternal fetal medicine specialist in a four-day trial in Philadelphia Court of Common Pleas, and secured a defense verdict. The claim involved the stillbirth of fetus at 36 weeks gestation. The fetus had...
Defense Verdict in Favor of Emergency Room Physicians and Hospital in Breast Cancer Case
Attorneys Carolyn M. Bohmueller and Jamie N. Johnson secured a verdict in favor of two emergency room physicians and a hospital in a two-week trial in Philadelphia Court of Common Pleas involving a claim of failure to diagnose recurrence of breast cancer. ...
Defense Verdict on behalf of Anesthesiologist & Pain Management Physician in Epidural Steroid Case
Attorneys Michael Pitt and Mary Kay Plyter-Eigner recently received a defense verdict on behalf of an anesthesiologist and pain management physician after a one week trial in Montgomery County. Plaintiff...
Defense Verdict on Behalf of Gastroenterologist in Matter involving Gastrointestinal Bleeding
Attorneys Michael Pitt and Mary Kay Plyter-Eigner recently received a defense verdict on behalf of a gastroenterologist and his practice after a three week trial in Philadelphia County. Plaintiff, on behalf of her deceased husband, alleged that the Defendant...
Defense Verdict in Pressure Wound Matter on Behalf of Hospital
Marshall L. Schwartz recently obtained a defense verdict on behalf of a hospital in a four-day jury trial in the Chester County Court of Common Pleas. The case involved allegations that the defendant hospital failed to rotate, turn and reposition the patient during...
Supreme Court of Pennsylvania Changes Venue Rules in Medical Malpractice Actions
Since 2003, Pennsylvania Rule of Civil Procedure 1006 required plaintiffs in medical malpractice actions to only file a claim in the county in which the cause of action arose, or in instances where multiple healthcare providers are defendants, any county where venue...
Pennsylvania Superior Court Vacates A Grant Of Summary Judgment Related To MCARE’s Equitable Tolling Of The Statute Of Limitations
In an opinion authored by the Honorable J. McLaughlin, the Superior Court of Pennsylvania recently vacated an entry of summary judgment based on The Medical Care Availability and Reduction of Error Act’s (“MCARE”) equitable tolling of the statute of limitations...
Pennsylvania Superior Court Remands Medical Malpractice Matter For New Trial Due To Excessive Damages And Addresses Waiver Issues
In a non-precedential opinion authored by the Honorable Mary P. Murray, the Superior Court of Pennsylvania recently remanded a medical malpractice matter for a new trial on the issue of damages based on a finding that the verdict may have been excessive....
Pennsylvania Supreme Court Finds Seven-Year Limit to Bring Forth Medical Malpractice Claims Unconstitutional
In Pennsylvania, regardless of when a medical injury was discovered, plaintiffs had only seven years from the actual causation of injury to bring forth a medical malpractice claim. The so-called limit to the discovery rule no longer applies. On October 31, 2019 the...
PA Supreme Court Holds Plaintiff Less Accountable Under Discovery Rule
On October 17, 2018, the Pennsylvania Supreme Court overturned a Superior Court ruling involving an exception to the Pennsylvania statute of limitations for medical malpractice actions. The discovery rule allows a patient to bring a claim after the statute has passed,...
7 OBR Attorneys Selected to 2024 Pennsylvania Super Lawyers
Each year, on a state-by-state basis, Super Lawyers selects attorneys using peer nominations and evaluations along with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, and those selected represent the top five percent of the total lawyers in each state.
O’Brien & Ryan, LLP Mourns the Passing of Mary Ann Martillotti
It is with the most profound sadness that O’Brien & Ryan shares the news that Mary Ann Martillotti passed away on December 15, 2023.
Former O’Brien & Ryan, LLP Paralegal Returns as Associate
O’Brien & Ryan, LLP is pleased to announce that Lexi Romney, a paralegal at the firm for 11 years, has passed the PA Bar and will join the firm as an Associate.
OBR Mini Golf Event 2023
O’Brien & Ryan, LLP’s Partners hosted a mini golf event for all of its employees on Thursday, September 21st.
9 OBR Attorneys Selected to 2023 Pennsylvania Super Lawyers
Each year, on a state-by-state basis, Super Lawyers selects attorneys using peer nominations and evaluations along with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, and those selected represent the top five percent of the total lawyers in each state.
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