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Health Care Liability

Recognition

Marshall Dennehey's health care attorneys have a reputation for excellence in defending health care liability matters. In September 2018, the firm's New Jersey Health Care Department was named a finalist in The American Lawyer's 2018 New Jersey Regional Litigation Department of the Year competition. In September 2016, our Professional Liability Department was recognized as the Pennsylvania "Litigation Department of the Year" for both medical and non-medical professional liability by The Legal Intelligencer. The practice group was selected for its focused approach and responsiveness to clients. Read "Ready to Roll: Marshall Dennehey Puts Clients' Needs First."

This award follows the Health Care Department's 2012 recognition by The Legal Intelligencer as the "Medical Malpractice Litigation Department of the Year." Such accolades serve as a testament to our attorneys' dedication and commitment to providing excellence in defense representation to all manner of professionals, hospitals and other entities in the health care environment.

Overview

The attorneys in the Health Care Liability Practice Group defend medical professionals and providers in all areas of health care liability, ranging from medical malpractice and credentialing and licensing issues to investigations involving governmental agencies. We represent health care providers throughout Pennsylvania, Delaware, New Jersey, Ohio, Florida and New York, including:

  • Physicians
  • Registered nurses
  • Certified registered nurse anesthetists
  • Dentists
  • Oral surgeons
  • Midwives
  • Psychologists
  • Podiatrists
  • Chiropractors


In addition, we count many health care institutions among our clients, including:

  • Hospitals
  • Health systems
  • Surgical centers
  • Psychiatric facilities
  • Health clinics


The health care industry is constantly evolving and we recognize the need to remain abreast of these changes in order to best serve our clients. The attorneys in the Health Care Liability Practice Group are well versed in the unique intricacies and regulations affecting health care providers. In fact, several attorneys in the group are former health care professionals with clinical experience in the fields of nursing, podiatry, pharmacology and physical therapy.

Clients benefit from a unique blend of experienced and dedicated litigators, geographical coverage and cost-effectiveness in the field of health care liability. We work together early on in litigation to determine exactly what they wish to accomplish, and counsel them as cases unfold. Timely, substantive and prompt communications are paramount in our approach to working closely with clients in defending their interests.

We take great pride in the depth of litigation experience our firm offers and will not hesitate to try cases to verdict and challenge issues at the appellate level.

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Jul 25, 2019
We obtained a unanimous decision in the New Jersey Supreme Court reversing an order for a new trial. ​In this medical malpractice action, the defendant was a physician who allegedly committed malpractice when he prescribed a drug to a patient....
Jul 25, 2019
We received a defense verdict in a podiatric surgical malpractice arbitration. ​The plaintiff alleged that the defendant podiatrist negligently performed foot surgery, causing her foot deformities to worsen and resulting in shooting pain in her big...
Apr 11, 2019
We obtained summary judgment in favor of a thoracic surgeon in a mixed medical malpractice/product liability case in New York State Supreme Court, Kings County. ​The claims involved an experimental weight loss device that was inserted and removed by...
Apr 11, 2019
The case involved a woman with significant cardiac problems who suffered cardiac arrest and death. Her estate alleged that our clients, a medical resident and an intern, improperly administered certain pharmaceuticals, leading to her death. The...
Apr 11, 2019
We defended an OB/GYN in a suit involving complications from a C-Section. The plaintiff had a major post-partum hemorrhage two weeks later and underwent a hysterectomy, thereby losing the opportunity and ability to have additional children. The case...
Dec 31, 2018
We received a defense verdict on no causation in a binding arbitration of a matter venued in Montour County, Pennsylvania, involving a bowel leak following urologic cancer surgery. We represented a Pennsylvania health system and its chief of urology...
Dec 31, 2018
We obtained a nonsuit in a dental malpractice action. The plaintiff alleged negligence against our client, a prosthodontist, for failing to properly place dental crowns and for negligently treating posterior bite collapse. At jury selection and day...
Aug 24, 2018
Marshall Dennehey's health care attorneys obtained a defense verdict on behalf of a midwife in a case involving alleged failure to properly manage and care for a patient’s labor and delivery, resulting in catastrophic injury to her child....
May 11, 2018
The plaintiff alleged to have suffered a fall in a hospital bathroom three days post-operatively that reinjured his surgically repaired knees. The nurses denied the patient fell to the ground and testified, consistent with their charting, that the...
May 11, 2018
The plaintiff suffered a perforated uterus following an ambulatory IUD removal surgery that was performed by our Ob/Gyn client. The following day, the plaintiff was readmitted with worsening symptoms and underwent surgery to repair the perforation....

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Defense Digest Article September 1, 2019
Defense Digest, Vol. 25, No. 3, September 2019 By Kevin E. Osborne, Esq.* Key Points: Known risks and complications of a surgical procedure are admissible in a medical malpractice case to help establish the standard of care and to..., Defense Digest, Vol. 25, No. 3, September 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article September 1, 2019
Defense Digest, Vol. 25, No. 3, September 2019 By John C. Farrell, Esq. and Nathaniel C. Simon, Esq.* Key Points: It is a common approach that a party defending a medical malpractice case will have two or more experts from different..., Defense Digest, Vol. 25, No. 3, September 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts July 1, 2019
The trial court dismissed the plaintiff’s case for failure to provide a timely notice of tort claim. On appeal, the Appellate Division reversed the trial court’s decision, finding that “extraordinary circumstances” existed..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The Court of Appeal of Florida, Third District, affirmed dismissal of an estate’s claims against a hospital where the decedent received emergency care. The Third District held that the hospital did not owe a non-delegable duty to the decedent..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The Pro-se plaintiff appealed the trial court’s dismissal of the defendant. The trial court had dismissed the defendant because the plaintiff had failed to serve an appropriate affidavit of merit (AOM), as required by the AOM statute, N.J.S.A..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Defense Digest Article June 1, 2019
Defense Digest, Vol. 25, No. 2, June 2019 By Anthony J. Williott, Esq.* Key Points: Plaintiffs’ counsel statewide are focusing on jury selection issues. Defense counsel should be prepared for issues that my arise during jury...,   Defense Digest, Vol. 25, No. 2, June 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to...
Law Alerts May 28, 2019
By Joey M. Chindamo  On May 23, 2019, the Florida Supreme Court released a far-reaching opinion, adopting the Daubert standard for determining the admissibility of expert testimony, effective immediately. The court reversed course from its...
Law Alerts April 1, 2019
The Pennsylvania Supreme Court was faced with the issue of whether the plaintiff satisfied the discovery rule as to toll the running of the statute of limitations in her medical malpractice action. The plaintiff had been bitten by a tick and began..., Case Law Alerts, 2nd Quarter, April 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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May 7, 2019
Matthew P. Keris, shareholder in the Scranton office of Marshall Dennehey Warner Coleman & Goggin, has been appointed to the editorial board of the Pennsylvania Patient Safety Authority’s new Patient Safety journal. The quarterly, peer-reviewed journal will highlight advancements in clinical...
February 13, 2019
Marshall Dennehey Warner Coleman & Goggin has expanded its Pittsburgh Health Care Department with the addition of  new shareholder, Kristin L. Pieseski. Ms. Pieseski focuses her practice on the defense of medical and dental malpractice matters. Throughout her career, she has represented the...
October 29, 2018
Matthew P. Keris, shareholder in the Scranton office of Marshall Dennehey Warner Coleman & Goggin, has been elected the Atlantic Regional Director of the Defense Research Institute (DRI),  the country's leading organization of defense attorneys and in-house counsel. Mr. Keris previously was the...
October 22, 2018
Stacy A. Starcher, shareholder in the Health Care Department at Marshall Dennehey Warner Coleman & Goggin, will be a featured speaker at the National Business Institute's "Medical Malpractice From Start to Finish" seminar on November 8 at the Holiday Inn Independence in Independence, Ohio. In "...
March 1, 2018
Experienced trial attorney John R. Ninosky has joined Marshall Dennehey Warner Coleman & Goggin's Harrisburg office as a shareholder in the firm's Health Care Department. Highly experienced in medical malpractice, civil rights and general liability matters, Mr. Ninosky has successfully tried...
April 19, 2017
Matthew P. Keris, shareholder in the Scranton office of Marshall Dennehey Warner Coleman & Goggin, has been appointed state representative to the Defense Research Institute (DRI) by the Pennsylvania Defense Institute (PDI). In this capacity, he will act as the official liaison between the two...
March 1, 2017
Steven J. Forry and Stuart H. Sostmann, shareholders in the Pittsburgh office of Marshall Dennehey Warner Coleman & Goggin, have been promoted to supervisory roles in their respective practice areas. Mr. Forry has been named Supervisor of the Pittsburgh office's Health Care Department, and Mr....
January 8, 2016
Matthew P. Keris, shareholder in Marshall Dennehey's Scranton office, has been elected President of the Pennsylvania Association for Health Care Risk Management (PAHCRM). Mr. Keris took office on January 1 and will serve a one-year term. An affiliate of the American Society for Healthcare Risk...
January 12, 2015
Marshall Dennehey Warner Coleman & Goggin announced today the expansion of its Ohio health care practice with the additions of Stacy Ragon Delgros, Shareholder, and Kenneth W. McCain, Associate, to the firm's Cleveland office. Both attorneys focus their practices on medical malpractice defense...
October 3, 2014
Daniel J. Sherry, shareholder in the Health Care Department in Marshall Dennehey's King of Prussia office, was inducted into the International Academy of Trial Lawyers (IATL) at the organization's recent international meeting. The IATL's purpose is to cultivate the science of jurisprudence, promote...

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Sep 20, 2012
Listen to amazing speakers and then network over cocktails and appetizers. Presentation topics include: The Impact of Social Media on the Tripartite Relationship Mediating Complex Disputes with Increasingly Sophisticated Parties...
Conference Oct 9, 2012
Matthew Keris and Robin Snyder are presenting a concurrent session at the ASHRM 2012 Annual Conference and Exhibition. "Defending the Electronic Medical Record Deposition" addresses issues germane to medical malpractice depositions based...
Seminar Mar 6, 2013
The Medical Malpratice Update will provide practical information to increase the ability to effectively handle your next medical malpractice case. Receive updates on case law, discuss how social media has changed the practice, find out what's...
Conference Apr 11, 2013
Matthew Keris is a featured speaker at this year's CLM Annual Conference in San Antonio, Texas. He joins Marla Bigeleisen from Hamlin & Burton Liability Management, Frank Brier from Geisinger System Services, and Christopher Greene from...
Conference Apr 17, 2013
T. Kevin FitzPatrick is participating in a panel discussion at the upcoming Crittenden Medical Insurance Conference in Boston on April 16-18. The panel will address the upward trend of large/excess verdicts, the effects of large verdicts...
Seminar Apr 23, 2013
Get surefire techniques for avoiding complaints, penalties and even lawsuits and learn to tackle even the toughest medical records dilemmas. In today’s changing legal landscape, staying current is crucial to avoid costly fines and time-...
Seminar Sep 13, 2013
The Risk Management Fall Education Forum is designed to provide participants with a review of current issues in claims management, risk financing, patient safety and loss prevention across the health care enterprise. The Pennsylvania Association for...
Seminar Nov 7, 2013
Please join us at our complimentary Health Care Department seminar on Thursday, November 7, 2013. This day-long seminar covers current topics in health care liability and health law in Pennsylvania, New Jersey and Delaware. AGENDA 11:30 a.m....
Conference Sep 12, 2014
Michele Primis, a shareholder in the Pittsburgh office, is presenting at the University of Pittsburgh Consortium Ethics Program Weekend Conference: Health Care Law and Clinical Ethics – Practical Approaches. The conference offers an intensive...
Conference Oct 5, 2014
Lynne Nahmani, a shareholder in the Health Care Department, is presenting a concurrent session at the 65th Annual AHCA/NCAL Annual Convention & Expo. "Sex and the Facility: Understanding and Reducing Liabilities" will address the rise...
Conference Oct 26, 2014
Matthew Keris will be speaking at the 2014 American Society for Healthcare Risk Management’s Annual Conference & Exhibition. As a panelist for "EMR Litigation Issues: Where We’ve Been and Where We’re Going," Matt will...
Mar 19, 2015
Shannon Brainard and Keri Morris-Johnston are the featured presenters at the Delaware State Dental Society's monthly membership meeting and dinner. Shannon and Keri will discuss ways to prevent and defend against employment discrimination,...
Seminar Aug 4, 2015
Mark Kozlowski, an associate in the Health Care Department, is speaking at Employment Law: Beyond the Basics, a seminar hosted by Sterling Education Services. With the EEOC cracking down on employee classification and the NLRB redefining Section 7...
Seminar Aug 14, 2015
Lynne Nahmani, shareholder and supervising attorney of the Health Care Department in the Cherry Hill office, will be a featured speaker at the New Jersey State Bar Association's Summer CLEFest. Lynne joins a group of seasoned civil trial...
Seminar Sep 23, 2015
This seminar will review the elements of an informed consent cause of action, under what circumstances expert opinion is necessary to support the claim, and under what circumstances, in light of the Pennsylvania Supreme Court’s recent decision...
Seminar Nov 5, 2015
Please join us at our complimentary health care seminar on Thursday, November 5, 2015. This day-long seminar covers current topics in health care and health law in Pennsylvania, New Jersey and Delaware, including: The Affordable Care Act:...
Seminar Nov 19, 2015
Sharon Campbell-Suplee, a shareholder in the Health Care Department, is presenting at the "Nursing Home Mock Trial: Intricacies of an Asphyxiation Case" seminar, a part of the Meadowlands Seminar. In this mock trial, Sharon's...
Conference Dec 11, 2015
Matt Keris, a shareholder in the Health Care Department, is a featured speaker at the upcoming Association for Healthcare Risk Management of New York fall educational conference. In "Electronic Medical Records – Litigation Nightmares,...
Conference Jun 10, 2016
Matthew Keris, a shareholder in the firm's Health Care Department, is a speaker at the upcoming Northeast Corridor Conference hosted by the American College of Health Care Trustees Philadelphia. Matt is presenting two sessions during the...
Seminar Sep 13, 2016
Leslie Jenny, a shareholder in the Health Care Department in the firm's Cleveland office, is speaking at the 12th Annual Medical Liability Insurance ExecuSummit. Since the implementation of the Affordable Care Act, interested parties are...

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Chair

T. Kevin FitzPatrick
Director, Health Care Department
(610) 354-8252
tkfitzpatrick@mdwcg.com

Co-Chair

William L. Banton Jr.
Shareholder
(215) 575-2806
wlbanton@mdwcg.com

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