For over 30 years Porter Scott has provided high quality representation to Northern California’s healthcare industry in complex cases involving all areas of medicine.

Porter Scott’s Healthcare team are dedicated litigators experienced in providing quality and cost effective representation in a variety of healthcare related claims.  Our attorneys have represented a wide spectrum of healthcare practitioners, institutions and organizations and health systems.

The scope of our engagement and advocacy for defense of healthcare clients include:

  • Healthcare litigation of
o   Hospital Malpractice o   Physician Malpractice
o   Nursing Malpractice o   Psychiatric Malpractice
o   Pharmaceutical Malpractice o   Physical Therapy Malpractice
o   Chiropractor Malpractice o   Dental Malpractice
o   Emergency, Permanent and Temporary Restraining Orders
  • Elder and dependent Adult abuse
  • Licensing and Administrative Disciplinary actions
  • Riese Hearing representation
  • Public Agency reporting and Facility Investigations
  • Medical Products liability
  • ADA claims
  • Premises and General Liability claims
  • Alternative Dispute Resolution
  • Binding Contractual Arbitration
  • Employment Law Practice Area

In July 2017, Norm Prior and Brandi Turner got a favorable result in an invasion of privacy and Negligent Infliction of Emotional Distress claim involving a HIPAA violation. Porter Scott’s client published a donation solicitation letter which included a patient’s health history and sent it to a local community of 914 members. Plaintiff, a business owner of a local gym, claimed that the publication destroyed him emotionally and his business.  Although the defendant admitted liability, Plaintiff’s pre-trial demand started at $6M and later ended up at $10M after the MSC.  The case settled at the close of Plaintiff’s arguments for a confidential insignificant amount.

Jon Corr received a defense verdict in Lake County in a case involving an elderly female patient who fell while being assisted during transfer from bed to chair. Plaintiff alleged Professional Negligence and sustained a significant laceration on her leg with alleged permanent neurological injuries, including an alleged closed head injury with memory loss. The trial started January 19, 2017 and the jury returned a 9/3 defense verdict on February 16, 2017.

Defense verdict successfully obtained on behalf of local hospitalA patient claimed severe permanent injuries to her leg arising from efforts to manage her pain following elective knee surgery as an outpatient.  While she was administered a femoral nerve block to counter pain after consultation, the patient later denied providing informed consent for the nerve block, and blamed the hospital, asserting claims of ostensible agency and medical malpractice.  She sought $1.425M in damages.  Jon Corr, on behalf of the hospital, successfully obtained a directed verdict on plaintiff’s claim of ostensible agency because the hospital was not required to obtain separate documentation of consent where the anesthesiologist had already done so. The jury also found no malpractice in just two hours of deliberation.  Mr. Corr was assisted by firm associate Adriana C. Cervantes.

Successfully represented retail-pharmacy in alleged prescription misfill case. Claim involved a minor who received anti-psychotic adult strength medication instead of his usual allergy medication. Child suffered a seizure and other complications as a result. Case was resolved at mediation.

Obtained summary judgment in favor of a retailer and pharmacist in pharmacy malpractice claim. After plaintiff and his caregiver exhibited threatening and menacing behavior, the retailer deactivated plaintiff’s prescription in its computer system, forcing plaintiff to find another pharmacy to refill his prescription. Plaintiff sued for malpractice over the deactivation of his prescription and the delay in refilling it. The court granted judgment in favor of the retailer and the pharmacist.

Important Update for Healthcare Professionals

CA Supreme Court clarifies Professional v. Ordinary Negligence in a Hospital Setting (C.C.P. § 340.5) On May 5th, 2016, the Supreme Court of California issued a minor victory for hospitals and other healthcare clinics who have found themselves …

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The California Supreme Court Tells Emergency Room Doctors and HMOs to Leave the Patient Out of Billing Disputes

by: Jonathan Corr and David Melton When a patient goes to a hospital seeking emergency medical care, emergency room doctors are statutorily required to provide emergency care without regard to the patient's ability to pay. Cal. …

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Medicare & Medicaid Mandatory Reporting Requirements – Are you a Responsible Reporting Entity?

by: Jonathan Corr and Heath Langle Starting today anyone who could potentially make a third party payment to a Medicare-eligible beneficiary in a liability setting is now mandated to supply detailed information regarding that claim to …

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Urban Legend – Medicare Set-Asides for Third Party Liability Cases

by: Carl Fessenden, Norm Prior and Heath Langle Since the Centers for Medicare and Medicaid Services (CMS) introduced mandatory electronic reporting requirements for all liability carriers, there has been a well-founded concern that CMS will now …

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Proving Medical Negligence

by: Jon Corr and Sara Sayles Generally, negligence is the failure to exercise the care that a reasonable person would exercise under similar circumstances. In the medical context, a health care provider is negligent if he …

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