On June 7, 2017, the Department of Labor (DOL) withdrew its 2015 and 2016 informal guidance on the topics of joint employment and independent contractors. These guidelines were issued during President Obama’s administration, and had the effect of expanding joint...
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Litigation and Trial Practice
2 P.O. or not 2 P.O.? That is the Question!
In Pennsylvania, what would typically be referred to as motions to dismiss under Rule 12 of the Federal Rules of Civil Procedure and similar rules in many states are referred to as “Preliminary Objections” under Rule 1028 of the Pennsylvania Rules of Civil Procedure. ...
Legal Implications of Electronic Medical Records (EMR) Documentation for Nurses: “Charting” a Better Course
As a medical malpractice defense attorney, I can attest to the important role that medical records play in defending medical negligence lawsuits, especially charting that is done by nurses. Considering that a patient has two years in which to file a medical...
Trending Topics in Nursing Depositions
As a medical malpractice defense attorney, I have attended many nursing depositions over the years. A deposition is a question and answer session where the opposing attorney gets to ask the nurse-witness a wide variety of questions about the care that he or she gave...
Supreme Court Upholds Bright-line Rule Prohibiting Discovery of Communications Between attorneys and expert witnesses
In Barrick v. Holy Spirit Hospital, 91 A.3d 680 (Pa. 2014), an evenly divided Supreme Court effectively upheld a Superior Court en banc decision recognizing a bright-line rule prohibiting discovery of communications between attorneys and expert witnesses. This...
Potential Defense under the Affordable Care Act
Given the expanded medical coverage provided for under the Affordable Care Act (“ACA”), the question has arisen as to the effect of this coverage on a personal injury plaintiff’s ability to recover future medical costs. Specifically, the ACA mandates all persons to...