Courtney C. Barbacane
Courtney C. Barbacane is a seasoned trial attorney with more than 13 years of experience prosecuting and defending doctors, hospitals, and long-term care facilities in medical malpractice and professional liability matters throughout state and federal courts in Pennsylvania and New Jersey. She is a Member at Burns White and based out of the Philadelphia office.
With experience in both initiating and defending claims, Ms. Barbacane brings a comprehensive understanding of legal strategies and issues relevant to both sides of the law and a proven success rate in resolving high exposure cases through settlement negotiation. She has a background in handling complex personal injury actions involving medical and nursing malpractice and is highly experienced in birth injuries, surgical errors, infections, misdiagnosis, pharmaceutical errors, failure to diagnose, strokes, amputations, pressures sores, falls, infiltration/extravasation, and cord compression injuries.
Ms. Barbacane received a Medical School Lawyers Certificate from the Pennsylvania Bar Institute in 2014. In 2008, she graduated from Widener University School of Law with a Certificate in Health Law. While in law school, she was the President of the Health Law Society and wrote for The Delaware Journal of Corporate Law. Ms. Barbacane received a B.A. in Mass Media Communications from the University of Delaware in 2003.
Areas of Law
- Medical Malpractice
- Nursing Neglect
- Professional Liability
- Widener University School of Law (J.D., 2008)
- University of Delaware (B.A., 2003)
Bar and Court Admissions
- New Jersey
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Middle District of Pennsylvania
- United States District Court for the District of New Jersey
- Defense Research Institute
- Pennsylvania Bar Association
- Commission on Women in the Profession
- Professional Liability Committee
- New Jersey State Bar Association
- Secured the dismissal of a corporate liability claim in a medical malpractice matter against a hospital client in Mercer County, PA in a case involving an alleged failure to diagnose and treat a cardiac condition. Burns White successfully argued that there was no evidence that a physician’s credentialing and reappointment to the medical staff amounted to systemic negligence.
- Secured the dismissal of a claim for punitive damages in a medical malpractice matter against a hospital client in Luzerne County, PA. It was successfully argued that the hospital’s credentialing of a physician did not rise to the level of outrageous, wanton, or reckless conduct necessary to support a claim for punitive damages.
- Secured the dismissal of a claim for punitive damages in a medical malpractice matter against a hospital client in Mercer County, PA. It was successfully argued that there was no evidence that the Hospital was cognizant of a provider’s cancer diagnosis such that it affected patient care and the ability to practice medicine.
- Successfully negotiated several pre-suit settlements on behalf of healthcare providers to mitigate potential exposure to reputational and financial interests.
- Obtained a dismissal for a health system client in a medical malpractice action. The firm’s health system client was included in the matter by virtue of a successor liability theory that was dismissed early in the litigation.
- Secured a dismissal with prejudice for a hospital client in Mercer County, PA in a medical malpractice action involving allegations of a failure to diagnose cancer. Burns White successfully entered a judgment of non-pros for Plaintiff’s failure to file timely certificates of merit against the hospital.
- Obtained multiple dismissals for hospital clients in Northeastern Pennsylvania, following affidavits of non-involvement and subsequent motions illustrating that the hospitals had no part in the alleged negligent care and treatment.
- Assisted lead counsel in obtaining a defense verdict for a hospital client in Philadelphia County facing both vicarious and corporate liability claims for an alleged failure to diagnose a gastrointestinal bleed.
- Secured the dismissal of a claim for wrongful death damages in Philadelphia County, after successfully arguing that Plaintiff’s emancipation severed her ability to share in the distribution of any proceeds as a beneficiary to her father’s estate.
- Secured the dismissal of a claim for punitive damages in a medical malpractice matter against a hospital client in Luzerne County, PA. Burns White successfully argued that there was no evidence that the hospital was cognizant of any transfer policy deficiencies that would amount to punitive conduct.Successfully negotiated multiple confidential settlements on behalf of hospital clients to mitigate potential exposure to reputational and financial interests prior to trial.
- Selected for inclusion on the 2014-2018, 2020-2021 Pennsylvania Super Lawyers “Rising Stars®” lists
- “The Double-Edged Sword: Building A Strong Defense” Burns White Insights, November 2022
- “Medical Malpractice Cases and Placing One’s Mental Health at Issue” The Legal Intelligencer, April 2020
- “To Delete or Not Delete: When Can Patient Records be Modified” Burns White Insights, December 2019