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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

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.