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Donna M. Modestine

Assistant Director, Health Care Department

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Portrait of Donna M. Modestine

As Assistant Director of the Health Care Department, Donna assists in the administration and oversight of the firm's health care attorneys. Donna is also an active litigator in the area of medical malpractice. She has represented a large number of hospitals in Southeastern Pennsylvania, as well as physicians, physician groups, allied health professionals and long-term care facilities. Donna is also experienced in representing health care providers in professional licensing matters.

An experienced attorney, Donna is involved in her cases from beginning to end, including all aspects of discovery phase, expert retention and trial preparation. By ensuring that any medical experts, economists or vocational experts are well prepared, Donna has achieved greatly reduced settlements or sharply reduced awards from the jury at the time of trial.

Donna places a high value on communication and client relationships. By working closely with her clients from case inception to completion, Donna delivers personalized attention and strives to achieve an optimal result tailored specifically for each client.

Donna is a graduate of Penn State University. She attended Widener University School of Law, where she received her juris doctor, cum laude in 1997. While at Widener University, she was a staff member of the Delaware Journal of Corporate Law and received honors for academic achievement in legal writing and analysis.

As an active member of the community, Donna serves as an adjunct professor at Montgomery County Community College, teaching Medical, Legal Ethics. She also partnered with her local high school in the development of its Career Pathways program which assists students in developing future education and vocational goals. 

    • Widener University Delaware Law School (J.D., cum laude, 1997)
    • The Pennsylvania State University (B.A., 1992)
    • Pennsylvania, 1997
    • U.S. District Court Eastern District of Pennsylvania
    • Pennsylvania Super Lawyers (2019-2022)
    • Pennsylvania Super Lawyer Rising Star (2005-2007)
    • Delaware County Bar Association
    • Pennsylvania Bar Association
    • What is Your Case Worth When Analyzed and Compared Over the Last Several Years?, Delaware County Bar Association, December 11, 2019
    • Pennsylvania Mental Health Procedures Act (50 P. S. §  7112) - 302 Commitments, The Chester County Hospital Grand Rounds, April 9, 2019 
    • What is Your Case Worth?, Delaware County Bar Association, December 2018
    • What is Your Case Worth?, Delaware County Bar Association Bench Bar Conference, June 2017
    • Highlights in Pennsylvania Medical Malpractice Law, Philadelphia Area Society of Healthcare Risk Management, January 28, 2016
    • Let's Agree to Agree; Mediation in Civil Litigation, Delaware County Bench Bar Conference, June 5, 2014
    • Mock Deposition and Trial Presentation, Lancaster Health System, July 9, 2008
    • The Amazing Race: The Emerging Trends In Hospital Liability, 2008 PLUS MPL Conference, Chicago, Illinois, March 11-12, 2008
    • Clinical Support Systems; E-Discovery and Privacy Liability: How They All Come Together, AIG Domestic Claims, Inc., New York, New York, December 19, 2007
    • Who's Been Reading My Chart? Do Clinical Support Systems REALLY Protect Patient Privacy?, 2007 PLUS International Conference, Washington, DC, November 9, 2007
    • Computer-Based Clinical Decision Support Systems (DSS), Lancaster General Hospital, Women and Babies Hospital, January 2007
    • Electronic Medical Records and Computer-Based Clinical Decision Support Systems (DSS), Chester County Hospital Medical Staff, February 24, 2006
    • Disclosure of Serious Events, Chester County Hospital Medical Staff, March 4, 2005
    • Practical Strategies for Reducing Liability, VHA Physician Risk Management Education Program, March 8, 2005
    • The Deposition Process, Alleviating Your Fears, Lancaster General Hospital Education Counsel, June 8, 2005
    • The Deposition Process, Alleviating Your Fears, Lancaster General Hospital Education Counsel: Women and Babies Hospital, December 28, 2005
    • Managing and Disclosing Medical Errors, Medical Staff and Nursing Staff at Brandywine Hospital, June 11, 2004
    • Tort Reform and Your New Responsibilities, Holy Redeemer Hospital Medical Staff, December 1, 2004
    • "Grooming Your Internal Team…The Importance of Mentoring the Younger Attorneys on the Team," January 2016
    • "Who Pays. Is The Pennsylvania Property And Casualty Insurance Guarantee Association Responsible for Delay Damages?," Defense Digest, Fall 2005
    • "Risk Management By Apology: Does 'Warm And Fuzzy' Really Work?," Millennium Risk Management News, Winter 2004-2005, Vol. 1., No. 3
    • Secured a defense verdict in a high/low arbitration where she represented a surgeon. The plaintiff alleged a delay in the performance of an appendectomy for a perforated appendix. The plaintiff went on to require a prolonged hospitalization and two subsequent surgeries. Donna successfully argued that the delay in the performance of the surgery did not result in any of the plaintiff’s alleged injuries. 

Firm Highlights

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.