Attorney Profiles

T. Kevin FitzPatrick 
King of Prussia, Pennsylvania
Shareholder
Director, Health Care Department
phone(610) 354-8252
fax(610) 354-8299
emailtkfitzpatrick@mdwcg.com

As the director of the firm's Health Care Department, Kevin has played an active role in not only substantially increasing the number of attorneys in this department but also expanding its geographical footprint. Approximately 85 percent of his professional time is spent in providing defense representation in health care liability matters in large exposure and complex cases. The remaining 15 percent of his practice is devoted to significant general liability matters, including premises liability, security litigation and sexual assault claims.

Kevin estimates that since 1984 he has handled more than 300 health care liability matters. He has taken approximately 25 cases to verdict, the majority of them resulting in defense awards. Kevin has also had a significant number of other cases taken to trial that resulted in client dismissals by stipulation or motion. In addition, Kevin has been involved with numerous ADR proceedings and binding arbitrations with very successful results.

Kevin's representative defense verdicts include: defense of a urologist in a 2000 trial involving failure to diagnose testicular cancer resulting in the death of a 49-year-old man; defense of an emergency physician in a 2006 trial involving the death of an elderly patient following the administration of a narcotic medication; and a 2008 trial involving a severe shoulder dystocia birth injury case and defense of the treating obstetrician. Kevin was also involved in a 2006 Montgomery County case involving an infant born with retinopathy of prematurity which led to permanent blindness and resulted in a very large verdict against numerous defendants. Kevin's client was assessed four percent of the liability, resulting in a payment substantially less than the pre-trial offer.

Kevin received a Bachelor of Science degree in accounting from the University of Scranton in 1981. He obtained his juris doctor from Loyola University, New Orleans, Louisiana. While in law school, Kevin was selected to serve on the moot court board. Prior to joining Marshall Dennehey in 1993, Kevin was a partner with the Philadelphia law firm of Liebert, Short and Hirshland, where he practiced for nine years.

Kevin has been awarded an AV® Preeminent™ rating by Martindale-Hubbell. Throughout his career, he has been active in the preparation of articles in his field of concentration and has given numerous presentations to clients, including hospitals and insurance carriers, regarding the defense of health care liability matters.

Year Joined Organization:
1993
Areas of Practice:
Medical Malpractice
General Liability
Bar Admissions:
Pennsylvania, 1984
U.S. District Court Eastern District of Pennsylvania, 1984
U.S. District Court Middle District of Pennsylvania, 1990
U.S. Court of Appeals 3rd Circuit, 1989
Education:
Loyola University New Orleans School of Law, New Orleans, Louisiana, 1984
J.D.


University of Scranton, 1981
B.S.


Published Works:
Psychiatric Records Can Be Subject To Discovery In Pennsylvania, Defense Digest, Vol. 16, No. 4, December, 2010


Disgruntled Lasik Surgery Plaintiff Not Precluded from Expressing Non-Defamatory Comments On Website, Defense Digest, Vol. 13, No. 3, September, 2007


New Trial Awarded Because of Improper Contact with Treating Physician, Defense Digest, Vol. 5, No. 5, 1999


Informed Consent Not Limited To Physician Information, Defense Digest, Vol. 5, No. 3, 1999


Current Status of Wrongful Use of Civil Proceedings, (Co-author), Defense Digest, Vol. 4, No. 5, 1998


HMO's ERISA Shield Pierced By Superior Court, Defense Digest, Vol. 2, No. 6, June, 1996


HMOs are Denied Peer Review Protection, Defense Digest, Vol. 1, No. 8, August, 1995


Honors and Awards:
AV Peer Review Rating by LexisNexis Martindale-Hubbell


Professional Associations and Memberships:
Central Montgomery Mental Health/Mental Retardation Center, Solicitor (2003-2011)


Montgomery County Bar Association


Pennsylvania Bar Association


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