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Megan J. Nelson

Associate

MJNelson@mdwcg.com

Portrait of Megan J. Nelson

Megan devotes her practice to representing hospitals, physicians, nurses, long-term care facilities, skilled nursing facilities, and other healthcare providers in the defense of medical malpractice and negligence claims, along with premises and general liability claims.

Megan also represents nurses and other medical providers who are facing administrative or regulatory discipline by their governing medical licensing boards.

In addition to health care defense, Megan assists hospitals, long-term care facilities, and skilled nursing facilities with the initiation of petitions for determination of incapacity and the appointment of plenary guardians for patients who are unable to make their own medical and financial decisions. Megan also assists hospitals, long-term care facilities, and skilled nursing facilities with patients and family who "stay against medical advice."

Megan began her career as a firefighter for her hometown volunteer fire department and has utilized her knowledge as a firefighter to represent fire academies in lawsuits.

Megan has been a Registered Nurse since 2010. Before becoming a lawyer, she worked as a neonatal and pediatric critical care nurse in various settings, including the neonatal intensive care unit, pediatric intensive care unit, pediatric cardiac intensive care unit, and pediatric emergency room. She received The Daisy Award For Extraordinary Nurses in August 2013. Her experience also included patients on ECMO (extracorporeal membrane oxygenation) and cardiac bypass. Megan's background in nursing helps to bridge the gap between medicine and the law.

Megan is a frequent lecturer on medical and nursing topics, including incident reporting, guardianships, and AI (artificial intelligence). She is a member of the Florida State Guardianship Association, Central Florida Medical Malpractice Claims Council, and the Orange County Bar Association.

Megan graduated from Del Mar College with an Associate's Degree in Nursing and Texas A&M University Corpus Christi with a Bachelor of Science in Nursing. Megan graduated cum laude from Nova Southeastern University Shepard Broad College of Law with a Juris Doctor.

When she is not working, Megan volunteers her time at The Sanctuary at Lakota Farms, where she helps care for horses that have been rescued.

    • Nova Southeastern University Shepard Broad College of Law (J.D., cum laude, 2019)
    • Texas A&M University-Corpus Christi (B.S., 2014)
    • Del Mar College (ADN, 2009)
    • Florida, 2019
    • Central Florida Medical Malpractice Claims Council
    • Florida State Guardianship Association
    • Orange County Bar Association
    • Secured multiple favorable rulings granting Florida Rule 5.900 petitions for expedited judicial intervention concerning medical treatment procedures, enabling hospitals to safely discharge medically cleared patients despite significant resistance from guardians and family decision-makers. Across several matters, Megan successfully addressed situations where guardians, health care surrogates, or family members refused to consent to appropriate discharge plans, declined to provide necessary financial documentation for ICP Medicaid evaluations, or failed to cooperate with case management teams—often causing prolonged, unnecessary hospital stays. Through emergency and evidentiary hearings, courts consistently granted relief, ordering patient transfers to skilled nursing facilities or assisted living facilities, requiring the production of financial records, mandating Medicaid application compliance, and, in one case, appointing an emergency temporary co-guardian to facilitate discharge. As a result of these efforts,patients were promptly and appropriately discharged—sometimes within 24 hours of court orders—demonstrating Megan’s effective advocacy in resolving complex guardianship and discharge disputes to ensure proper patient care and hospital throughput.
    • Was successful in having a Florida Rule 5.900 Petition for Expedited Judicial Intervention Concerning Medical Treatment Procedure granted. The alleged incapacitated person had been medically cleared for discharge to a skilled nursing facility. However, his brother, who had been appointed as the health care surrogate and power of attorney, had refused to consent to his brother's transfer to any skilled nursing facility. After numerous unsuccessful attempts by the hospital case management team to transfer the patient, Megan was retained to file a Florida Rule 5.900 Petition for Expedited Judicial Intervention Concerning Medical Treatment Procedures. After the emergency evidentiary hearing, the court granted the petition and ordered the brother to consent to the transfer of the patient to a skilled nursing facility.
    • Obtained final summary judgment in an equine-related case involving fraud, negligent misrepresentation, warranty, and consumer protection claims arising from the sale of a horse, resulting in dismissal of all claims against the clients.
    • You've Been Served! What's Next and How to Manage the Risk of Corporate Representative Depositions, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Fort Lauderdale, FL, August 27, 2026
    • Protecting Patients in Real Time: A Guide to Rule 5.900 Petitions, Florida Hospital Association’s General Counsel Roundtable, June 30, 2026
    • The Latest on Medical AI Innovation, Legal Liability and Claims, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Orlando, FL, August 14, 2025
    • Tort Reform: Where Do We Go From Here?, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Orlando, FL, August 16, 2024
    • Adversity in the World of Adverse Incident Reporting: A Panel Discussion on Reporting Requirements and Addressing Related Discovery, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Orlando, FL, August 13, 2021
    • Florida Nursing License

Results

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Summary Judgment for Daycare Center in Wrongful Death Case.

We prevailed on a motion for summary judgment related to the duty owed to a minor business invitee in an alleged wrongful death. The plaintiff, the personal representative of the estate of a minor, filed a wrongful death claim alleging the defendant daycare center breached its duty to exercise the reasonable care owed to the minor while he was under the care and supervision of the center. The plaintiff alleged the defendant center’s employees failed to render aid when the minor collapsed, including failing to train its employees, and failing to notify emergency personnel in a timely manner. We successfully argued that the defendant did not breach its duty to exercise reasonable medical care as its employees were CPR certified and immediately responded when an employee witnessed the incident. The mother of the minor arrived immediately after the collapse and held onto him until EMS arrived. The call to the EMS team was made within three minutes of the collapse and the employees reassessed the minor while he was in the mother’s arms and determined the minor was breathing. The minor was breathing until EMS arrived. Sadly, the minor passed away of natural causes. After reviewing the defendant’s motion for summary judgment and hearing our argument, the judge granted the motion for summary judgment, and the case was dismissed.

Thought Leadership

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The Quarterly Dose

From Bedside to Bar

June 11, 2026

Tyler R. Price, Esquire Former Nationally Registered Paramedic Working in emergency medicine demanded sharp critical thinking — recognizing life-threatening conditions, delivering timely interventions, uncovering relevant medical history, and shaping a treatment plan that aligned with a patient’s ultimate needs. I was taught to always “bring a shovel” to every encounter, because careful digging almost always revealed the details that mattered most. As an attorney, I still bring that shovel. Thorough investigation and deliberate “digging” into the facts of each case are essential to understanding potential theories of liability, assessing exposure, and evaluating every viable defense. Examining a case from multiple angles and points in the timeline allows me to appreciate how each fact fits into the broader strategy. Although I’m no longer making split second medical decisions, the same disciplined approach guides my litigation work. Every detail counts. For every client, in every matter, my goal is to identify the key facts that allow us to build the strongest possible defense. My training in emergency medicine gave me the tools, mindset, and discipline that now make me an effective litigator. Megan J. Nelson, Esquire Registered Nurse My nursing career has been a significant asset to my work as a medical malpractice defense attorney. A Registered Nurse since 2010, I have extensive, hands-on clinical experience across high-acuity settings. My background in neonatal and pediatric critical care (including work in the NICU, PICU, pediatric cardiac ICU, and pediatric emergency department) and experience managing critically ill patients (including those requiring ECMO and cardiac bypass) gives me a practical understanding of complex medical care, clinical decision-making, and the realities of fast-paced health care settings often central to malpractice claims. This firsthand knowledge allows me to analyze medical records with precision, communicate effectively with experts and providers, and identify nuances that may be overlooked by those without clinical training. In my current work on Rule 5.900 petitions for expedited judicial intervention regarding medical treatments, this clinical foundation is especially critical, as I am often tasked with effectively “educating” the court during emergency hearings—translating complex medical conditions, interventions, and risks into understandable terms for the judge. I am also able to prepare providers for testimony in a way that ensures clarity and accuracy under pressure. Ultimately, my clinical foundation enables me to bridge the gap between medicine and law, strengthening my ability to build compelling defenses grounded in real-world health care practice.

Documentation Do’s and Don’ts: Know What Really Matters

January 1, 2026

“Document, document, document!” is the mantra of healthcare risk management. If it was not documented, did it really happen? If it was documented, was it documented properly? Knowing the right and wrong ways to document can make the difference when defending a malpractice claim or conducting a root cause investigation.

Firm Highlights

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Marshall Dennehey Named a Standout in Litigation by BTI Consulting Group

News

Marshall Dennehey Named a Standout in Litigation by BTI Consulting Group

graphic announcing our 6 2027 Super Lawyers & Rising Stars

News

Marshall Dennehey Announces 2027 New Jersey Super Lawyers And Rising Stars

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.

Result

Statutory Employer Immunity Upheld

In this construction accident case that resulted in a $5 million verdict, the Supreme Court of Pennsylvania upheld the Statutory Employer Doctrine, which immunizes general contractors and other contractors on construction sites when certain elements are satisfied.

Event

CLM 2026 Focus Conference

Allison joins three insurance industry leaders to discuss how cyber coverage disputes, the growing impact of social inflation on bodily injury claim valuation, and the use of artificial intelligence are reshaping the bad faith landscape. The panel will examine emerging sources of extra-contractual exposure, including evolving cyber insurance coverage issues and the challenges of accurately valuing bodily injury claims. Practical approaches to claim evaluation using AI, along with defense strategies designed to help prevent or successfully defend against bad faith litigation, will also be addressed. 

Bret E. Dubbert Joins Marshall Dennehey’s Orlando Office as Special Counsel in the Casualty Department

News

Bret E. Dubbert Joins Marshall Dennehey’s Orlando Office as Special Counsel in the Casualty Department

Result

$19 Million Medical Malpractice Verdict Overturned

In this medical malpractice case, the trial court vacated $10 million of a $19 million verdict in post-trial motions and the Superior Court of Pennsylvania vacated the remaining $9 million on appeal.

Result

$1.09 Billion Products Liability Verdict Overturned

In this products liability crashworthiness case, the Superior Court of Pennsylvania reversed a Philadelphia jury verdict of $1.09 billion, the largest verdict ever overturned by a PA appellate court.  The court ordered a new trial based on deficient jury instructions, clarified important aspects of crashworthiness law, and confirmed that so-called standard jury instructions may be incompatible with Pennsylvania law. 

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.