Medical Malpractice

Weber Gallagher represents a variety of clients in medical malpractice matters, including psychiatric. We take cases from initial pleadings through trials in state and federal courts and also appear at arbitration proceedings and before appellate courts. The firm retains experts in various disciplines when litigating matters that are complex or involve catastrophic injury. However, we do so conservatively, only as needed, and with an eye toward costs. Our clients include:

  • Dentists
  • HMOs
  • Hospitals
  • Individual nurses, physical therapists and physicians of all specialties
  • Insurers
  • Physician groups
  • Technicians
  • Secured a defense verdict for two defendant Radiologists in a case where they were alleged to have missed the diagnosis of a thoracic aortic aneurysm on the abdominal CT scans that they interpreted 6 and 18 months before plaintiff’s demise. The defense of this case surrounded the fact that a thoracic mid-ascending aortic aneurysm cannot be seen from an abdominal CT scan.

  • Secured dismissal before trial on behalf of a surgeon who allegedly ligated the plaintiff’s right ureter during surgery resulting in a fistula and the need for repair. This matter also involved allegations that our client did not obtain proper informed consent prior to the surgery.

  • Secured dismissal on behalf of an orthopedic surgeon who was alleged to have place a wrong-sided hip prosthesis in a Plaintiff during hip replacement.

  • Represented health care providers in a matter involving the application of the Prison Litigation Reform Act on appeal to the Third Circuit.
  • Attained a defense verdict for a Family Practice Physician who allegedly delayed diagnosis of Prostate Cancer in a 65-year-old man with an elevated PSA level. The two-week trial was held in Montgomery county. Plaintiff alleged that, by the time of diagnosis, he had an aggressive Stage IV, metastatic cancer and died before the date of trial.
  • Attained a defense verdict as the only remaining defendant, representing a Psychiatrist who evaluated a 29-year-old man that was admitted to the Step Down Unit of the hospital with hallucinations, delusions, erratic behavior, and a very high ammonia level when brought to the ER. Six hours after the psychiatric exam, the plaintiff got up from the bed where he was lying with his girlfriend, ran across the hall, and jumped through a 4th story window, landing on the 2nd-floor roof. He survived, but with many injuries. All other parties settled before and during the trial, which took two weeks to complete.
  • Successfully obtained affirmation of a defense verdict before the Superior Court. In their appeal, the Plaintiff argued that the jury’s findings were against the weight of evidence and that the trial court had erred by not instructing the jury on alteration of medical records. The Superior Court rejected the Plaintiff’s weight of the evidence claims and held that a request for an adverse inference charge was unsupported.

  • Attained a defense verdict in an almost two-week trial completed in York, PA. The plaintiffs were a married couple that alleged negligence against a Christian Counselor who treated the wife at her church as she regained repressed memories related to repeated and profound sexual abuse from the time she was four years old through adulthood.

  • Attained a defense verdict in Bucks County in a one week trial involving a plaintiff who is a physician and developed vertigo. The Otolaryngologist diagnosed the plaintiff with Benign Paroxysmal Positional Vertigo (BPPV) and sent her for vestibular physical therapy, which cured the BPPV after two visits. Four months later, the plaintiff developed a migraine and went to the Emergency Department, where she was diagnosed with a meningioma (brain tumor). Plaintiff alleged a delay in diagnosis that led to the development of epileptic seizures after removal of the tumor.
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