Medical Liability

On Feb. 22, 2021, the Pennsylvania Superior Court issued a decision in the case of Dockery v. Thomas Jefferson University Hospitals, Inc., et al. upholding the trial court’s order to transfer a medical professional liability case out of Philadelphia County and thereby also upholding the existing venue rule and statute for medical professional liability actions.

On Dec. 22, 2020, in a 6-1 decision, the Pa. Supreme Court ruled that a lawsuit against the doctors who did not take steps to involuntarily commit a man who killed one person and injured others in a March 2012 shooting at Western Psychiatric Institute and Clinic cannot go forward.

The amount remains unchanged compared to last year.

The amicus brief filed by PAMED and the AMA in the Kirksey case contends that the Mitchell case was correctly decided and there is no need to revisit the holding now.

PAMED opposes changes to the current venue rule.

The brief seeks to overturn a ruling by the U.S. District Court for the Eastern District of Pennsylvania that certified a class of plaintiffs in a case against the Educational Commission for Foreign Medical Graduates.

Get details on the potential impact on doctors, their staff, and patients if the Pa. Supreme Court adopts the plaintiff's theories.

The Superior Court concluded that it was improper for the plaintiffs to read text from a textbook to support their claims of negligence.

The case examined the extent to which mental health professionals must warn third parties when a patient makes threats of serious bodily injury.

Get details on the order, including which health care settings and facilities are included.

PAMED has created a detailed analysis of the venue report’s findings. We believe the LBFC study does little to support proposed changes to the current venue rule.

The court rules that the statute of repose, which limits the filing of most medical professional liability claims to seven years, is unconstitutional.