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William Aquilino wins appeal in Superior Court for Luzerne County hospital in radiology negligence case.

In a published opinion, the Superior Court of Pennsylvania affirmed dismissal of claims against a local hospital.

The Perry Law Firm, LLC obtained dismissal of claims against the defendant-hospital at the lower court level based upon the doctrine of lis pendens.

The plaintiff appealed the dismissal. Attorney Bill Aquilino successfully argued on appeal that the lower court’s ruling was correct based upon the recent amendments to the MCare Act. Critical to the Superior Court’s analysis was an analysis of what types of hospital-based cases qualify as “medical negligence” claims, and therefore are subject to the protections afforded medical care providers under the MCare Act.

The decision will serve as precedent for such claims across the Commonwealth of Pennsylvania.

 

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