Matthew has defended health care providers, businesses and device manufacturers in civil litigation for more than two decades. He is a shareholder in the firm's Health Care Department and Chair of the EMR and Audit Trail Practice Group. He had the privilege of trying the first Pennsylvania civil jury trial to verdict during the COVID-19 Pandemic in July 2020.
Matt has provided legal commentary for a number of organizations including NBC News, Thomson Reuters, the American Society for Healthcare Risk Management, The Legal Intelligencer, Law 360, ED Legal Letter, Risk Review, Litigation Management, Counterpoint and Becker’s Hospital Review. Matt also serves as an editor of the health risk management journal, Patient Safety.
Matt currently serves on the advisory committee of American Legal Connections (ALC) and serves as a co-editor of its’ newsletter. He has previously served as President of the DRI Foundation, Pennsylvania Defense Institute (PDI) and the Pennsylvania Association for Health Care Risk Management. He also previously served on the Board of Directors of both DRI and PDI. In 2023, Matt was the recipient of the DRI Foundation Community Service Award, which honors a DRI member who has demonstrated a commitment to the well-being of the general public by initiating or participating in programs which have a positive impact on the community.
Honors & Awards
•AV Preeminent by Martindale-Hubbell
•The Best Lawyers in America, Medical Malpractice Law - Defendants (2023-2026)
•The Best Lawyers in America, Litigation - Health Care (2024-2026)
•Defense Research Institute Foundation Community Service Award, 2023
•DRI Leadership Award 2023
•“Service Award” by the Defense Research Institute, October 2021
•'Exceptional Performance Citation' by the Defense Research Institute, July 2015
Classes/Seminars Taught
•Anticipated Discovery Issues with Use of AI in Health Care: Views from the Plaintiff and Defense Perspective, Philadelphia Court of Common Pleas, In-Person Continuing Judicial Education, co-presenter, Philadelphia, PA, October 30, 2025
•Anticipated AI Discovery Issues in Malpractice Litigation, ALC webinar, October 23, 2025
•The Role of AI and EMRs in Discovery, MCIC Vermont Annual Client Education Conference, National Harbor, MD, October 22, 2025
•When AI Meets Medicine, State Volunteer Mutual Insurance Company, Podcast Guest, October 10, 2025
•Audit Trail 101: Views from the Plaintiff and Defense Perspective, Part I, Philadelphia Court of Common Pleas, In-Person Continuing Judicial Education, co-presenter, September 25, 2025, Philadelphia, PA
•Pennsylvania Medical Malpractice Legal Update, Pennsylvania Coalition for Civil Justice Reform webinar, July 21, 2025
•New Jury Considerations in the Age of Big Law, Verdicts, and Medicine; and AI in Healthcare: Views from a Clinical and Legal Perspective, Hospital Insurance Forum 2025 Conference, Charleston, SC, June 2025
•How to Prepare for AI from a Medico-Legal Perspective, MPLA Annual Meeting, Austin, TX, May 22, 2025
•Leave No Footprint: Tips to Reduce Scrutiny on Non-Charted Information, University of California Health System Virtual Risk Summit 2025, May 19, 2025
•Behind the Scenes: Understanding New Discovery Tactics and the Impact on Clinical Documentation, Virtual Allied World Presentation, May 15, 2025
•Tips to Minimize and Manage Your Audit Trail Footprint, New England Regional Healthcare Risk Management Conference, Portland, ME, May 5, 2025
•Legal Update, co-presenter, American College of Surgeons Keystone Chapter Spring Conference, Wilkes-Barre, PA, May 2, 2025
•Tips for Keeping a “Clean” Medical Record in an Electronic World, 2025 PAHCRM Annual Education Conference, Lancaster, PA, April 16, 2025
•Texting: A Tool and a Trap, American Legal Connections webinar, February 6, 2025
•AI in Civil Litigation Practice: An Intro and Discussion on What is Coming, Philadelphia Association of Defense Counsel webinar, January 21, 2025
•A-Z on AI! Artificial Intelligence Litigation Trends and Ethical Issues, webinar panelist, Pennsylvania Coalition for Civil Justice Reform, December 9, 2024
•Defending Artificial Intelligence Claims, AM Best Webinar, November 13, 2024
•Doing It Right the First Time: Recommendations to Safely Use AI in Health Care, ASHRM 2024 Annual Conference, San Diego, CA, October 8, 2024
•Multi-Disciplinary Evaluation of Opportunities and Risks with Artificial Intelligence (AI) in Health Care, ASHRM 2024 Annual Conference, San Diego, CA, October 8, 2024
•Public Perception of 'Big Medicine' Requires New Jury Considerations, ASRHM 2024 Annual Conference, San Diego, CA, October 7, 2024
•The Future is Now: How AI is Being Used with Data Analytics Today and Maybe Tomorrow, panelist, Candello Annual Summit, Boston, MA, September 11, 2024
•Multi-Disciplinary Evaluation of Liability Risks of AI in Health Care: The Board Focus, co-presenter, American Hospital Association Leadership Summit, San Diego, CA, July 22, 2024
•Advancement of AI Into Medicine, AEIX Event, Tysons Corner, VA, June 6, 2024
•Charting Tips to Help the Future You, LVHN Annual Risk Symposium, Center Valley, PA, May 18, 2024
•Coming to a Case Near You: AI in Medicine, Marshall Dennehey Trends in Health Care and Health Law Seminar, May 9, 2024
•EHRs Under Examination: The Role of Clinical Informatics Experts in Legal Proceedings, AMIA 2024 Clinical Informatics Conference, Minneapolis, MN, May 2024
•Artificial Intelligence in Healthcare: An Introduction, 2024 AALNC Annual Forum, Pittsburgh, PA, April 19, 2024
•Guidance On Navigating Your Institution During Multiple Legal Investigations, PAHCRM Spring 2024 Educational Meeting, Lancaster, PA, April 12, 2024
•Advice for the Efficient Integration of AI Into Medicine, Co-Presenter, Hospital Insurance Forum Annual Meeting, Scottsdale, AZ, March 18, 2024
•Voir Dire of an EMR/Audit Trail Expert, American Legal Connections webinar, March 15, 2024
•Roundtable on Social Inflation, Co-Moderator, DRI IRT Meeting, Chicago, March 13, 2024
•The New Liability Target: Forensic Patient Record Interactions, MPL Dental Workshop, Savannah, GA, February 16, 2024
•Liability Risks of AI in Healthcare, co-presenter, 1st Annual Upstate Educational Meeting, Association for Healthcare Risk Management of New York, Saratoga, NY, October 30, 2023
•Latest Developments on Healthcare AI Liability and EMR Site Inspections, co-presenter, American Legal Connections, webinar, October 26, 2023
•Evaluating the Use of AI in Obstetric Diagnostics: Understanding Enhanced Capability and Inherent Risks, Forum on Obstetric Malpractice Claims, Philadelphia, PA, October 12, 2023
•The Good, Bad, and Ugly in Defending a Hospital Security Assault Case, Moderator, ASHRM Annual Meeting, Minneapolis, MN, October 2, 2023
•Medical Record Audit Trail Data and Inspections: What to Do When Data and Inspections are Requested in Litigation, panelist, Florida Society for Healthcare Risk Management and Patient Safety annual meeting; Orlando, FL, August 24, 2023
•Criminal Prosecutions: Dobbs and the Future of Care, American Legal Connections Healthcare Symposium, Atlanta, GA, July 27, 2023
•Mistake or Crime?: The Criminalization of Healthcare Errors, panelist, Medical Professional Liability Association Conference, New Orleans, LA, May 18, 2023
•AI Liability: What is Brewing and What We Will See, University of Rochester webinar, April 21, 2023
•Best Practices for an Audit Trial Expert Deposition, co-presenter, American Legal Connections, webinar, April 6, 2023
•Defending Rule 30(b)(6) Corporate Designee Depositions, co-presenter, ALC Regional Meeting, Atlanta, GA, March 23, 2023
•Criminalization of Medical Errors - Will it Make Us Safer?, co-presenter, Hospital Insurance Federation, Annual Meeting, Scottsdale, AZ, March 20, 2023
•Legal and Ethical Pitfalls in Managing Dual Civil and Criminal Investigations, DRI Medical Liability and Health Care Law Seminar, Chicago, IL, March 10, 2023
•Relationships Matter: A Frank Discussion of Hot Button Issues Facing Claims Professionals and Counsel, panelist, DRI Insurance Roundtable, Chicago, IL, March 8, 2023
•Artificial Intelligence in Healthcare: The Good, Bad, and Ugly, SCAHRM webinar, March 28, 2023
•Fostering a Culture of Success: How to Get Your Lawyers’ and Staff’s Mindset from Surviving to Thriving, co-presenter, Association of Legal Administrators, Philadelphia Chapter webinar, January 26, 2023
•The New Liability Issues of Artificial Intelligence in Health Care, Ethicon, a division of Johnson and Johnson, webinar, December 12, 2022
•Recent Cases Warn Defendants Not to Become Lost on the Audit Trail, American Legal Connections webinar, December 1, 2022
•It’s Not All About the Virus: Defending “Other” COVID-19 Pandemic Claims, ASHRM Annual Conference, Boston, MA, September 13, 2022
•Legal and Technical Arguments to Manage, Explain and Defend Audit Trail Information, DRI Senior Living and Long-Term Care Litigation Seminar, Nashville, TN, September 9, 2022
•'Managing Parallel Criminal and Civil Investigations,' American Legal Connections Healthcare Risk and Litigation Symposium, Atlanta, GA, July 28, 2022
•'Litigation Risks Associated with AI in Healthcare,' Thomson Reuters webinar, June 27, 2022
•'Artificial Intelligence and Dentistry: Protecting Yourself From Liability,' client webinar, June 16, 2022
•'Risks and Legal Aspects of Artificial Intelligence in Health Care,' Ohio Hospital Association Annual Meeting, Columbus, OH, June 14, 2022
•A New Frontier: Maintaining Transparency and Defenses Following the RaDonda Vaught Criminal Verdict, CHART Institute virtual conference, June 7, 2022
•New Risks With the Application of Artificial Intelligence to Medicine, Washington Healthcare Risk Management Society Annual Meeting, Seattle, WA, June 3, 2022
•RaDonda Vaught: What Happened and What Can We Learn From Her Trial, virtual lesson, Duke University School of Nursing, June 2, 2022
•A Hard Task: Balancing Transparency While Avoiding Liability Following the RaDonda Vaught Criminal Verdict, webinar, West Virginia ASHRM Chapter, May 20, 2022
•Artificial Intelligence in Healthcare: Revolutionary or Risky?, panelist, Medical Professional Liability Association Annual Meeting, Salt Lake City, UT, May 13, 2022
•The New Reality - Managing the EMR and Audit Trail, panelist, New England Regional Healthcare Risk Management Conference, Groton, CT, May 2, 2022
•A Discussion on the RaDonda Vaught Criminal Trial, panelist, New England Regional Healthcare Risk Management Conference, Groton, CT, May 2, 2022
•Best Practices for Balancing Transparency While Avoiding Liability Following the RaDonda Vaught Criminal Verdict, American Society for Healthcare Risk Management, national webinar, April 15, 2022
•Liability Issues with Artificial Intelligence in Healthcare Litigation, American Legal Connections, national webinar, January 27, 2022
•Anticipated Liability Risks of Artificial Intelligence in Healthcare, ASHRM Annual Conference, October 4 (live session) and October 26, 2021 (virtual session)
•Healthcare Acquired Infections in Nursing Homes and Hospitals: Standards of Practice, Claims, Defenses, Damages, Strafford Legal Publications National Webinar, October 19, 2021
•Coming Soon: AI Issues in Healthcare Liability Claims, Pennsylvania Association for Healthcare Risk Management, September 17, 2021
•The Risks and Legal Aspects of Artificial Intelligence in Healthcare, Hospital Insurance Federation webinar, May 19, 2021
•The Future is Here: AI and Healthcare Claims, South Carolina Chapter of the American Society of Healthcare Risk Management webinar, April 23, 2021
•Integrating Health Care and Technology: Apps, Medical Devices and AI, client webinar, February 18, 2021
•Artificial Intelligence in Medicine: Risk Management and Litigation Issues, online continuing education conference, Pennsylvania Patient Safety Authority, January 12, 2021
•It’s Not All About the Medicine: The New Scrutiny on Your EMR Documentation, presented at a virtual meeting of the Luzerne/Lackawanna Medical Society, November 18, 2020
•The Return of Jury Trials: The Current State of Jury Trials in the Age of COVID-19, national teleconference for American Legal Connections (ALC), November 12, 2020
•Learn From Those Who Know: Jury Trial Tactics During the COVID-19 Pandemic, DRI National Remote CLE, September 15, 2000
•Lessons and Observations Made From a Socially-Distanced Jury Trial During the COVID-19 Pandemic, Inaugural PDI Remote CLE, September 10, 2020
•Lessons Learned in with EMR Discovery, Hospital Insurance Federation (HIF), September 9, 2020
•Managing EMR and Audit Trail Discovery, LAMMICO Defense Panel Meeting, August 20, 2020
•Preparing A Claim for Trial: How Recent Issues, Decisions and Trends Are Impacting Litigation Outcomes, client webinar, June 4, 2020
•“Warning Fatigue” Now a Matter of Criminal Liability: The Radonda Vaught Story, Pennsylvania Patient Safety Authority Webinar, May 24, 2020
•Telehealth and Documentation in the Time of COVID-19: Information and Best Practices to Protect Patients and Clinicians webinar, May 14, 2020
Published Works
•' Say 'Goodbye' to Medical Negligence Cases as We Know Them, ' The Legal Intelligencer, September 5, 2024
•' Litigation Landscape: Your GPS for Avoiding Legal Action, ' In Session with Allied World, Winter 2023
•'Sanctions Against Health System Demonstrate That It's Time to Get Serious About Audit Trail Discovery,' Journal of Healthcare Risk Management, August 18, 2022
•'Evolution of the EMR: The Integration of AI in Medicine,' The Legal Intelligencer, March 28, 2022
•' Artificial Intelligence in Medicine Creates Real Risk Management and Litigation Issues, ' Journal of Healthcare Risk Management, September 2020
•' A Civil Jury Trial During the Pandemic: Observations From Those Who Know, ' The Legal Intelligencer, August 7, 2020
•' Report From the Trenches: Defending Patient Falls in Acute Care Settings, ' Becker's Hospital Review, August 28, 2018
•'Negligent Advice of a Class III Medical Device Sales Rep,' The Legal Intelligencer, Medical Malpractice Supplement, April 11, 2017
•'A Pandora’s Box: The EMR’s Audit Trail,' Counterpoint, newsletter of the Pennsylvania Defense Institute, February 2017
•'It Ain’t Over ‘Til It’s Over: Judge Wettick Affirms Practice of Limiting Deposition Opinions of Defendant Physicians,' Defense Digest, Vol. 22, No. 4, December 2016
•'Wake Me Up!! I've Had Enough!! Litigation Nightmares With the Electronic Medical Record,' The Risk Management Quarterly, newsletter of the Association for Healthcare Risk Management of New York, Inc. (AHRMNY)
•'EMR's and Litigation: Issues Decided and What's Next?' The Legal Intelligencer, Medical Malpractice Supplement (page 5), April 12, 2016
•Electronic Medical Records and Litigation, published by Thomson Reuters Legal, September 2014
•'OMG?! The Impact of Social Media on the Tripartite Relationship,' Co-Author, Litigation Management Magazine, Spring 2013
•'What's It Worth? Best Practices in Defending Economic Damages in the Catastrophic Accident,' Co-Author, Litigation Management Magazine, Fall 2012
•'Reducing Medical Malpractice E-Discovery Issues and Costs,' The Legal Intelligencer, February 14, 2012
•'A View From the Trenches: Discovery Issues With Electronic Medical Records,' Risk Rx, Special Edition on the Electronic Health Record, University of Florida, Vol. 8, No. 1 January-March, 2011; and Florida Hospital Association's Risk Review, August 23, 2011
Media Commentary
•New Process Aims to be Build SAFE Nursing Homes Through Daily Reporting, McKnights Long-Term Care News, November 30, 2025
•'AI Offers Opportunities and Risks for Providers, Organizations and MPL Carriers,' Inside Medical Liability, Third Quarter 2022
•'LPN Found Not Guilty in Gait Belt 'Abduction' Case,' McKnights Long-Term Care News, September 1, 2022
•'Civil vs Criminal Indictments - What You Need to Know,' ASHRM Blog, May 23, 2022.
•' Misdiagnosis Top Allegation in Aortic Dissection Malpractice Claims, ' ED Legal Letter, March 2021
•'Kentucky Mom Alleges Hospital Workers Missed Her Cancer -- Then Covered Up Their Mistake,' NBC NEWS, March 4, 2021
•'Suspicious Changes to ED Chart Become Central Focus of Malpractice Lawsuit,' ED Legal Letter, November 1, 2020
•Malpractice Risks During COVID-19: 'Really Enormous' for ED Providers, ED Legal Letter, May 2020
•'Both Sides Claim Win After Inconclusive Med Mal Venue Study,' Law360, February 4, 2020 (subscription required)
•'Hospital Sole Defendant in Some ED Malpractice Claims,' ED Legal Letter, December 2019
•'Philly or Not - Victims Face Long Odds in PA Med-Mal Cases,' Law360, March 1, 2019
•'Multiple Defendants in ED Claim? Often, Conflicts Are Inevitable,' ED Legal Letter, September 1, 2019
Results
Defense Verdict Secured in a Contentious Long-Term Care Case
We received a defense verdict in a contentious long-term care case that included a unique spoliation issue, allegations of cover-up regarding the cause of death and a “no show” plaintiff. A longtime nursing home resident, who was suffering from “end-stage dementia,” died nine days after suffering head trauma following a fall. The plaintiff was the resident’s son who was not his mother’s guardian. The plaintiff contacted a lawyer who delivered the body across Pennsylvania to a forensic pathologist for a private autopsy. No notice was provided to the nursing home administration of the impending autopsy, despite the fact that the lawyer had sued the long-term facility several times in the past. The corpse was cremated shortly after the autopsy without an opportunity for the defense to examine the body. The defense did not learn about the private autopsy until years later, when the report was provided in discovery. A motion for sanctions for spoliation was filed by the defense, which was followed by depositions of the funeral home staff and a hearing involving the forensic pathologist and the attending physician. Although the spoliation motion was denied, the court held that the defense could question the forensic pathologist on the cremation, destroyed specimens and failure to produce the autopsy photographs at trial. On the eve of trial, the judge proctored an agreement between the parties to arbitrate the case “on expert reports only.” At arbitration, plaintiff’s counsel continued to pursue a conspiracy theory about “the true cause of death” along with standard negligence criticisms about fall prevention. The plaintiff was cross-examined on a prior crimen falsi conviction and an Orphans’ Court petition initiated by the local Area Agency on Aging, wherein the deceased resident complained that she was afraid of her son, which was relevant to his “loss of society and companionship” claim. Not surprisingly, the plaintiff denied every allegation of the Orphans’ Court petition, which detracted his appearance and credibility.
Partial Summary Judgment on Behalf of a Nursing Home and its Corporate Defendants
In the complaint and throughout discovery, the plaintiff raised claims of overarching neglect in addition to a fall that occurred during physical therapy. The plaintiff alleged negligence, corporate negligence, and punitive damages premised upon allegations of understaffing, Department of Health violations and putting profits over patient care. The plaintiff sought to hold not only the nursing home, but also its management company and a holdings company, liable for such claims. The defense sought partial summary judgment and asked the court to limit the plaintiff’s claims to the fall only and argued that neither the record evidence nor the plaintiff’s expert reports supported the all-encompassing claims of neglect. The court agreed and narrowed the claims, thereby significantly hampering the plaintiff’s case. The court limited the claims to proceed at trial to the fall only. The court also dismissed punitive damages and dismissed the holdings company defendant outright.
Thought Leadership
Say ‘Goodbye’ to Medical Negligence Cases as We Know Them
September 5, 2024
For claims that do arise in the new era of AI use, we can anticipate they will be more complex, cost more to litigate and impact a larger class of patients.
Defense Digest
On the Pulse...Marshall Dennehey’s National EMR and Audit Trail Practice Group Is Ready to Assist with Health Care Technology Litigation Issues
September 1, 2024
Several years ago, Marshall Dennehey recognized the plaintiff bar’s increased interest in pursuing two types of medical negligence cases: one on the medicine and the other on the electronic medical record (EMR). In response, it became one of the first, if not the first, defense firms to devote a practice group to assisting health care clients and other counsel with EMR and audit trail preservation, production, expert, and discovery issues. With the widespread integration of AI into health care, it is readily apparent that medical malpractice cases will become even more complex and expensive to litigate and will involve third-party technology vendors as parties. We can provide efficient and sound advice in this regard, in addition to the services we already provide.Our specialized and experienced practice group can assist health care systems and their counsel in many ways from discovery through trial. Our group routinely assists with formulating responses to novel discovery requests. In addition, we involve third-party electronic medical record vendors in the litigation when their assistance is necessary in discovery, whether it be to explain a production issue or include them in an ongoing discovery dispute. Along those lines, our group has had success compelling plaintiffs’ early disclosure of their EMR and audit trail experts for purposes of challenging their qualifications and representations to the court and counsel. Deposition preparation is another area where this practice group provides focused assistance. We can help to correlate a provider’s involvement in the documentation in comparison to the audit trail, as well as provide support with respect to a corporate designee’s deposition relating to the preservation and production of the EMR. As the chart becomes more complex, witnesses need to be adequately prepared not only on the medicine, but on the EMR and AI as well.Advice on the retention of the most qualified, effective, and experienced experts is also a frequently provided service of the group. As chair of this practice subgroup, I have established a working relationship with the American Medical Informatics Association (AMIA) and its leadership on the provision of qualified expert services in the field of clinical informatics in health care litigation. Far too often, courts and counsel are relying on “junk science” from persons who claim to be EMR and audit trail experts, but who have sketchy and limited experience. By retaining appropriately trained clinical informatics (whom I refer to as “chart physicians”) to assist in their cases, health care systems can get a better handle on record production, reduce litigation expenses, and diminish discovery motion practice through the objective and qualified advice of a true expert on EMR-related issues. On-site inspections and interactions with the EMR during discovery by plaintiff’s counsel is also becoming more of a regular request and is expected to occur more frequently. Our practice group will identify the appropriate records custodian to navigate the chart and prepare them in advance if they are asked questions during the inspection. We will also mandate acceptable inspection protocols well in advance of the event so it is conducted in a scientifically appropriate manner that is least intrusive and inconvenient to health systems. Since the mid-2000s, we have monitored and reported legal precedent for new discovery and trial issues associated with the EMR, audit trail, and AI. Very few can boast a greater legal acumen than our group. As the EMR becomes more of a tool that augments medicine, rather than an information repository with the integration of AI, new legal thought and litigation strategies need to be considered in cases, particularly where a medical error may be due to the EMR or AI. We can assist with the strategic decision of whether and how to include EMR and AI vendors in your cases, and we can outline the legal benefits and pitfalls to be considered prior to doing so. Medical negligence cases are not going to become less complex as AI is utilized within the EMR. To the contrary, they are going to become more complex, with novel factual and legal issues facing your counsel that have never been raised before. Going into these cases with the right guidance and experience is necessary. Please consider Marshall Dennehey’s EMR and Audit Trail Discovery Practice Group in the future when the necessity of specialized legal services are required. It is not a matter of if you will come across a complex EMR or AI issue, it is just a matter of when. Let us help you or your counsel. Defense Digest, Vol. 30, No. 3, September 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. 2024 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.
News
98 Marshall Dennehey Attorneys Recognized in the 2026 Editions of The Best Lawyers in America and the Best Lawyers: Ones to Watch in America
August 20, 2025
Matthew P. Keris Receives DRI Foundation Community Service Award
August 29, 2023
