Pennsylvania Law Monitor

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Latest from Pennsylvania Law Monitor

Stated simply, medical malpractice, or medical negligence, is medical care or treatment that falls below the accepted standard of care and causes actual harm to a patient. In a medical malpractice lawsuit, the law places the burden on the patient to prove that a medical provider deviated from the standard of care and caused harm. The first part of the test, establishing the medical provider deviated from the acceptable standard of care, can be fairly…
Pennsylvania permits the shipment of malt and brewed beverages to Pennsylvania residents by wholesalers or retailers of another state or country. This license permits the holder to ship up to 192 fluid ounces per month to any one resident for his or her personal use. No more than 96 fluid ounces of a specific brand may be shipped to any one Pennsylvania resident in one calendar year.…
Currently in Pennsylvania, a medical malpractice lawsuit may only be filed in the county where the alleged malpractice occurred. This more restrictive than the venue rule for other types of civil cases, which provides more flexibility and gives plaintiffs more control over where their lawsuit is filed.…
The Commonwealth Court of Pennsylvania ruled this month that a man from Pittsburgh is not entitled to recover attorneys’ fees and court costs from litigation he won against his homeowners association. Matthew Serota filed suit against the London-Towne Homeowners Association in 2015 after the association amended its Declaration of Covenants, Conditions and Restrictions (the “Declaration”) to allow only one vote per owner rather than one vote per home.…
The June 2017 issue of the American Journal of Infection Control included a report from the Children’s Hospital of Philadelphia (CHOP) which described 23 infants in their intensive care unit (ICU) who contracted eye infections after eye examinations. In the report, CHOP attributed the cause of the outbreak to some medical staff not wearing gloves, and a “lack of standard cleaning practices” of equipment used in the exams. This outbreak occurred in August 2016, and…
One of the topics generating a great deal of attention in zoning relates to people leasing their residential homes via Airbnb. This issue came up in Reihner v. City of Scranton Zoning Hearing Board No. 256 C.D. 2017 (PA Commw. Ct. Dec. 8, 2017). The owners of a single family residential dwelling rented the three bedrooms on the second floor of their house via the Airbnb website. The City filed a notice of violation alleging…
Winter is coming – and with it comes snow, sleet, and freezing rain. In the Philadelphia area, the average yearly snowfall is 22.4 inches. Winter driving is dangerous. According to the Federal Highway Administration, more than 116,000 Americans are injured and over 1,300 are killed on snowy, slushy, or icy pavement every winter. Pennsylvania is one of the top five deadliest states for wintertime car accidents, often caused, at least in part, by poor visibility…
“Telemedicine” or “Telehealth” are the terms most often used when referring to clinical diagnosis and monitoring that is delivered by technology. Telemedicine encompasses healthcare provided via real time two-way video conferencing; file sharing, including transmission of health history, x-rays, films, or photos; remote patient monitoring; and consumer mobile health apps on smart phones, tablets, and devices that collect data and transmit it to a healthcare provider. Telemedicine is increasingly being used for everything from…