Recent Case Summaries →

Autopsy, Cremation & the Spoliation of Evidence in Wrongful Death Cases

Article by Courtney Barbacane, Esq.

What happens when an autopsy is performed, in anticipation of litigation, and the body is subsequently cremated? Regardless of whether the autopsy is performed by a county coroner or an independent pathologist, I would argue that cremation of the body is tantamount to the intentional destruction of evidence in a wrongful death case.

Supreme Court of Pennsylvania Holds That “Cause of Death” Refers Specifically to Medical Cause of Death Under MCARE

Article By Kenneth Rafferty, Esq.

The Supreme Court of Pennsylvania held that the phrase “cause of death” refers specifically to medical cause of death, as that phrase is used in Medical Care Availability and Reduction of Error Act (“MCARE”) § 513(b), stating that actions for wrongful death or survival must be commenced within two years after death in absence of fraudulent concealment of cause of death. Reibenstein v. Barax, 286 A.3d 222 (Pa. 2022).

How Delays from the Pandemic are Changing the Landscape for Relief in Medical Malpractice Lawsuits and Putting a Strain on Insurers

Article by Mark Derner, Esq.

The cogs of justice in our society move very slowly, even more so with the fallout from a global pandemic. The court system is playing catchup with an increasingly backlogged court docket. Cases filed before the covid-19 pandemic have been held up as court dockets halted and jury trials were postponed due to covid. The delay means more time between the events at issue and the plaintiff’s day in court. As a result, many health systems are shouldering higher medical malpractice burdens than what they might otherwise expect.  

Healthcare Providers – Legally Immune from COVID?

Article by Michelle Kaminski, Esq.

This research was conducted in regard to civil immunity in professional liability actions, secondary to the COVID-19 pandemic. It includes an introductory analysis of the May 6, 2020 Executive Order (“EO”) and the PREP Act. In short, the EO signed by then–PA Governor, Tom Wolf, protected certain health care providers from civil suits relating to treatment provided between May 6, 2020 and June 10, 2021.