We are fortunate that we are able to continue providing services remotely during this time of uncertainty. We will follow the recommended guidelines of health officials and remain closed until a time they deem it appropriate to reopen our physical offices. Please do not hesitate to contact us, but you may experience a delay in our response.
The Pennsylvania Supreme Court has just adopted a new test for waiver of the protection of the attorney work product doctrine, but it has reaffirmed the standard test for waiver of the attorney-client privilege. BouSamra v. Excela Health, __ A.3d __, 2019 WL 2509384 (Pa., June 18, 2019) is the story of a discovery dispute about one email sent among three people. The discovery dispute arose in a hospital context, but the tests are not limited to hospitals.
Medical malpractice, or medical negligence as it is also called, is care or treatment by a medical provider (doctor, nurse, therapist, etc.) that is found to be below the accepted standard of care and that caused harm to a patient. In a medical malpractice lawsuit, it is the burden of the patient who is alleging injury to prove that the medical provider failed to render proper care to her, and that failure was a substantial contributing cause of the injuries claimed. Establishing that the medical provider’s care fell below the standard of care can, in some cases, be fairly straightforward and is often easier to prove than the question of causation, i.e. linking the injury to the substandard care.
The Pennsylvania Supreme Court just issued an important decision allowing evidence of risk in medical negligence cases that may alter the way they are tried. Mitchell v. Shikora, __ A.3d __, 2019 WL 2504475, *1 (Pa., June 18, 2019) holds that “evidence of the risks and complications of a surgery may be admissible at trial.” The qualifying words, “may be,” are significant.
June 15th is World Elder Abuse Awareness Day. With events to bring awareness to the endemic of worldwide elder abuse countries provide activities and training for prevention, recognition, and treatment of elder abuse worldwide.
BREAKING: Financial information including credit card and bank account numbers of approximately 12 million users compromised by a data breach of one of the largest blood testing providers in the country, Quest Diagnostics.
Locks Law Firm only provides legal advice after having entered into an attorney client relationship, which our website specifically does not create. Conversations that originate from website messaging, chat or other two way web based engagement do not create an attorney client relationship. It is imperative that any action taken be done on the advice of counsel. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases. The firm practices law in Pennsylvania, New Jersey & New York as Locks Law Firm. Super Lawyers, Best Lawyers in America and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.
