Illegal Action As A Bar To Recovery: In Pari Delicto In The Healthcare Malpractice Context

Aug 4, 2023 | Articles & Updates

Article by Anne Frankel, Esq., and Josey Richards, Law Clerk This article discusses whether drug and rehabilitation centers may assert the defense of comparative negligence in personal injury claims arising from plaintiff’s illegal drug consumption. Almost every...

McLaughlin v. Nahata, 2023 WL 4842015: An Overview

Aug 4, 2023 | Articles & Updates

Article by Alexandra Hambsch, Law Clerk The following offers a brief overview of the unpublished decision, McLaughlin v. Nahata, 2023 WL 4842015, decided in the Western District of the Supreme Court of Pennsylvania on July 28, 2023. At issue in this matter was whether...

Attorneys O’Neal & Derner Secure Dismissal of Institutional Client

Aug 4, 2023 | News

Burns White attorneys Stuart O’Neal and Mark Derner secured the dismissal of an institutional client against claims made by an inmate at Lackawanna County Jail, alleging that he received improper medical treatment following a stroke. Plaintiff alleged Section 1983 and...

The Importance of Nursing Documentation in Medical Negligence Litigation

Aug 2, 2023 | Articles & Updates

Article by Ryan King, Esq. While nursing documentation plays an important role in patient care, it also plays a key role in medical negligence litigation. Documentation (or the lack thereof) can make or break a plaintiff’s case; and, even when a healthcare provider...

Attorneys O’Neal, Funaro & Ha Obtain Dismissal for Hospital Client

Jul 31, 2023 | News

Attorneys Stuart O’Neal, Kimberly Funaro, and Na Lee Ha obtained the dismissal of their hospital client in Lackawanna County, Pennsylvania in a medical malpractice action involving accusations of a failure to timely diagnose and treat an anastomotic leak following a...