In The News

The 21st Century Cures Act Final Rule – A New Phase of Patient Centered Health IT

On March 9, 2020, the U.S. Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) issued a final rule that will amend the Code of Federal Regulations in ways that greatly enhance an individual’s ability to access their electronic health records through modern tools, like apps and the internet. Titled the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program, the final rule will become effective sixty-days after the date it is published in the Federal Register.

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Medical Malpractice: Who Can Request An Autopsy?

Attorneys Jerry Meyers and Brendan Lupetin were recently interviewed as part of a report for related to autopsies and medical negligence after a 53-year old woman died following a 30+ day stay in a Pennsylvania hospital. Her family has questions about the care that she received, and whether or not negligence in that care led to her death. They requested an autopsy, and expressed concern about the autopsy being performed by the same hospital that provided her care being a conflict of interest.

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First “Guardian Of Civil Justice” Scholarship Awarded to Sophomore at University of Pittsburgh School of Law

We are very pleased to announce the recipient of our scholarship “Guardian of Civil Justice” – Julie A. Daw.  Ms Daw is a sophomore (2L) at University of Pittsburgh School of Law. This scholarship is available to current and future students of Pitt and Duquesne law schools interested in a career devoted to engagement and advancement of the civil justice system in America. More details, including how to apply are available here. 

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New Bill Approved By Congress That Allows Active Duty Military Members To Sue For Medical Malpractice

Bi-partisan legislation has been introduced in the House and Senate that would partially repeal the Feres Doctrine and allow active duty military to sue under the FTCA when they are injured or killed from medical malpractice. This bill passed Congress on 12/17/2019 and is expected to be signed into law by the President. If this bill becomes law, for the first time in almost 70 years active duty military would be allowed to seek redress from the Department of Defense (DOD) when they are injured and killed due to medically malpractice in military hospitals.

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Ellwood City Hospital Emergency Room & Inpatient Services Suspended

As of November 27, 2019, the Pennsylvania Department of Health has suspended all emergency room and inpatient services at Ellwood City Medical Center Ellwood City Medical Center in Lawrence County, Pennsylvania. The closure of all but outpatient services at Ellwood City Medical Center is related to undisclosed violations of Pennsylvania regulations intended to protect the safety of patients.

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Pennsylvania Supreme Court Declares Pennsylvania’s Seven Year Limit On Medical Malpractice Cases Unconstitutional

On October 31, 2019, the Pennsylvania Supreme Court handed down its opinion in Yanakos v. UPMC and declared Pennsylvania’s statute of repose unconstitutional. Before the Court, UPMC argued the statute of response complied with Article I, Section 11 of the Pennsylvania Constitution. The Court found UPMC proved the statute of repose was related to the important government’s interest of controlling the rising costs associated with medical insurance and medical care. However, UPMC failed to produce evidence of how the statute of repose actually achieved this government interest.

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US News – Best Lawyers®: 2020 “Best Law Firms”

Lupetin & Unatin has been recognized as a Tier 1 law firm in Pittsburgh, PA for Medical Malpractice by US News – Best Lawyers® in the 10th Edition of “Best Law Firms” released on November 1, 2019.

The firm has also been recognized in previous editions of US News – Best Lawyers® for work in both medical malpractice and personal injury law.

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