Matthew P. Keris

Matthew has defended doctors, health systems, long-term care providers and medical device manufacturers for more than two decades. He is a shareholder in the firm's Health Care Department and Chair of the Electronic Medical Record and Audit Trail Practice Group.

Matt has developed substantial expertise in electronic medical record (EMR) preservation, production and discovery matters, having authored a book on the subject, Electronic Medical Records and Litigation, for Thomson Reuters. With a primary focus on assisting clients with legal matters related to EMR issues, Matt also provides consulting services on a national basis to attorneys grappling with EMR and audit trail discovery issues. In this capacity he is brought in as a legal consultant to provide guidance on managing this unique aspect of litigation. Matt serves as a resource for clients and the legal community on issues pertaining to EMR and his commentary is routinely sought by legal publications including 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 Patient Safety, a journal published by the Pennsylvania Patient Safety Authority.

In addition to his litigation practice, Matt’s counsel is routinely sought by health care providers, administrators, risk managers, claims professionals, defense counsel, medical societies and governmental entities on issues pertaining to legal, ethical and patient safety matters. He has worked with the U.S. Food and Drug Administration, American College of Obstetricians and Gynecologists, American College of Healthcare Trustees and American Society for Healthcare Risk Management.

Known as a national leader of the defense bar, Matt currently serves on the Defense Research Institute's (DRI) Board of Directors as the Atlantic Region Director and is a member of the Steering Committee for its Annual Insurance Roundtable. He is also the Board Liaison to DRI’s Lawyers’ Professionalism and Ethics Leadership Committee. Matt is a former President of the Pennsylvania Defense Institute and continues to serve as the chair of the Medical Professional Liability Committee. He twice served as President of the Pennsylvania Association for Health Care Risk Management, and is an active member of the Claims & Litigation Management Alliance.

Honors & awards

AV Preeminent by Martindale-Hubbell

Exceptional Performance Citation by the Defense Research Institute, July 2015

Year joined

2005

Results

Dismissal of claims against drug rehab center.

Long-Term Care Liability
March 1, 2020

We were successful in obtaining the dismissal of the plaintiff’s corporate negligence claims against an adult inpatient drug rehabilitation center. The plaintiff filed a complaint under wrongful death and survival acts, alleging that the decedent died of unspecified cardiac dysrhythmia while she was a voluntary inpatient resident at the facility. The complaint included claims of negligence/vicarious liability and corporate negligence.

Defense Verdict in Nursing Negligence Case.

Health Care Liability
May 11, 2018

The plaintiff alleged to have suffered a fall in a hospital bathroom three days post-operatively that reinjured his surgically repaired knees. The nurses denied the patient fell to the ground and testified, consistent with their charting, that the patient lost his balance in the bathroom and sat on a commode. There was a significant economic damage claim in that the plaintiff was a young restaurant owner who suffered two distinct orthopedic injuries that required multiple surgeries and additional future care.

Jury Sides with Defense in High Stakes Medical Malpractice Case

Health Care Liability
December 6, 2016

Obtained a defense verdict in a medical malpractice case in the U.S.

Two-Disease Rule Results in Dismissal of Med/Mal Action

Health Care Liability
September 21, 2015

Obtained dismissal of a medical malpractice action in its entirety based on the Two-Disease Rule. The case involved clear liability for lost breast biopsy samples by a hospital nurse. The complaint did not state that the plaintiff had breast cancer, and this remained the case during oral argument on preliminary objections.

Thought Leadership

MARSHALL DENNEHEY LAUNCHES FOUR NEW HEALTH CARE PRACTICE GROUPS IN RESPONSE TO EVOLVING INDUSTRY TRENDS

Health Care Liability
Behavioral Health Risk and Liability
Electronic Medical Record and Audit Trail Litigation
Emergency Medical Services
Telehealth and Telemedicine
March 9, 2020
In an effort to keep pace with client needs in the evolving health care environment, Marshall Dennehey has launched four new practice groups: Behavioral Health Risk and Liability; Electronic Medical Record and Audit Trail Litigation; Emergency Medical Services; and Telehealth and Telemedicine.

Matthew P. Keris Appointed to Editorial Board of New Patient Safety Journal

Health Care Liability
May 7, 2019
Matthew P.

Matthew Keris Elected Atlantic Regional Director of the Defense Research Institute

Health Care Liability
October 29, 2018
Matthew P.

Matthew P. Keris Appointed State Representative to the DRI by the Pennsylvania Defense Institute

Health Care Liability
April 19, 2017
Matthew P. Keris, shareholder in the Scranton office of Marshall Dennehey Warner Coleman & Goggin, has been appointed state representative to the Defense Research Institute (DRI) by the Pennsylvania Defense Institute (PDI).

Matthew Keris Elected President of the Pennsylvania Association for Health Care Risk Management

Health Care Liability
January 8, 2016
Matthew P. Keris, shareholder in Marshall Dennehey's Scranton office, has been elected President of the Pennsylvania Association for Health Care Risk Management (PAHCRM). Mr. Keris took office on January 1 and will serve a one-year term.

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Top Ten Tips for Managing EMR Documentation During the COVID-19 Pandemic

COVID-19 Task Force 2020
Emergency Medical Services
April 21, 2020
The recent trend in high-exposure health care provider litigation encompasses not only the pursuit of a case based on the medicine, but also a separate case in discovery based on the electronic medical record (EMR) and audit trail. The material in this newsletter has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.

Report From the Trenches: Defending Patient Falls in Acute Care Settings

Scranton
Health Care Liability
August 28, 2018

Hoppin Down the EMR Audit Trail

Scranton
Health Care Liability
Electronic Medical Record and Audit Trail Litigation
April 6, 2018

Negligent Advice of a Class III Medical Device Sales Rep

Scranton
Health Care Liability
April 11, 2017

A Pandora’s Box: The EMR’s Audit Trail

Scranton
Health Care Liability
Electronic Medical Record and Audit Trail Litigation
February 1, 2017

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Classes/Seminars Taught

The Defense Strikes Back: Managing EMR and Audit Trail Discovery, 2019 ASHRM Annual Conference, Baltimore, MD, October 14, 2019

Frankenstein's Monster: National Scrutiny on EMR Warning Workarounds, Pennsylvania Association for Health Care Risk Management (PAHCRM) Fall Conference, Penn State Berks Campus, Reading, PA, September 13, 2019

Warning: Fatigue Now a Matter of Criminal Liability: The Radonda Vaught Story, co-presenter, Pennsylvania Association for Health Care Risk Management (PAHCRM), July 12, 2019, Bedford, PA

Back to the Future: What the Proposed Venue Changes Mean for Health Care Provider Defendants, Co-Presenter, Pennsylvania Defense Institute Webinar, February 6, 2019

Enough is Enough: Turning the Tables on EMR Discovery, 2018 ASHRM Annual Conference, Nashville, Tennessee, October 2018

The EMR and What to do to Avoid Scrutiny, James S. Jordan, M.D. & Stanley W. Boland, Sr., M.D. Memorial Eyecare Conference, Geisinger Commonwealth School of Medicine, Scranton, PA, March 2018

Risk Management and Legal Issues in Health Care, guest speaker for Health Law course, Penn State Master of Health Administration program, December 10, 2017

CRNA Documentation Issues: Practices to Embrace, Habits to Break, Pennsylvania Association of Nurse Anesthetists' annual meeting, October 21, 2017, Bedford, Pennsylvania

The EMR, Audit Trails and Mobile Devices: How to Narrow Your Professional Liability Exposure, Medical Liability Insurance ExecuSummit, Uncasville, CT, September 20, 2017

New Technologies for the Defense: In and Out of the Courtroom, Pennsylvania Defense Institute’s 2017 Annual Conference, July 14, 2017

Want to Avoid a Lawsuit? Document & Disclose, Regional Hospital of Scranton, Scranton, PA, May 12, 2017

EMR Discovery - Practices to Avoid and Lessons to Be Learned, New England Regional Healthcare Risk Management Conference (NERHRMC), Mystic, CT, May 5, 2017

Be Careful What You Wish For: The Fair Share Act and Hospital Liability, Pennsylvania Association for Health Care Risk Management Spring Conference, Williamsport, PA, April 21, 2017

Legally Yours: Legal Implications in the Delivery of Anesthesia, Pennsylvania Association of Nurse Anesthetists Conference, October 2016

Make Mine a Double - Why EMRs Keep us Awake at Night, Marshall Dennehey Client Seminar, June 2016

Legal Ramifications of the Electronic Medical Record, meeting of the American College of Healthcare Trustees, Philadelphia, PA, June 2016

Electronic Medical Records - Litigation Nightmares, Association for Healthcare Risk Management of New York Fall Educational Conference, New York, NY, December 11, 2015

Electronic Medical Records: Update on Litigation Issues, Marshall Dennehey Client Seminars, July 2015

EMR Litigation Issues: Where We’ve Been and Where We’re Going, 2014 American Society for Healthcare Risk Management’s Annual Conference & Exhibition, Anaheim, CA, October 26, 2014

The Results Are In: An Overview of the Initial Court Decisions Regarding Electronic Medical Records, Northeast Pennsylvania Health Information Management Association Regional Meeting, June 11, 2014

Insurance and the Tripartite Relationship: Conflicts of Interests and Right to Independent Counsel, co-presenter, Strafford webinar, February 12, 2014

It’s Okay to Say I’m Sorry: The How-To Workshop for Apology and Disclosure, co-presenter, The Hospital and Healthcare Association of Pennsylvania, Harrisburg, PA, January 29, 2014

Economic Damages in the Catastrophic Case, Panelist, CLM Professional Liability Committee Meeting, Boston, MA, July 25, 2013

The Ex-Employee: Discovery/Privilege Issues When Plaintiff's Lawyer Comes Knockin', Moderator/Co-Presenter, Claim & Litigation Management Alliance (CLM) Annual Meeting, San Antonio, TX, April 11, 2013

Deposition Issues Pertaining to the EMR, Co-Presenter, Lehigh Valley Health Network Annual Risk Symposium, Allentown, PA, April 12, 2013

Working with Experts post-Barrick and Cooper, Panelist, PDI/NEPATLA Regional CLE, Mohegan Sun Casino, Wilkes-Barre, PA November 14, 2012

Defending the Electronic Medical Record Deposition, ASHRM Annual Conference & Exhibition, National Harbor, MD, October 9, 2012

The Impact of Social Media on the Tripartite Relationship, Claims & Litigation Management Alliance 2012 Pennsylvania Event, Philadelphia, PA, September 20, 2012

OMG?!-The Impact of Social Media on the Tripartite Relationship, Moderator/Co-Presenter, Claim & Litigation Management Alliance (CLM) Annual Meeting, San Diego, CA, March 27, 2012

Electronic Medical Records 101: What Claims Professionals Need to Know, co-presenter, Council on Litigation Management Annual Meeting, New Orleans, Louisiana, March 24, 2011

E-Discovery Update, panelist/speaker, Pennsylvania Defense Institute Annual Conference, Omni Bedford Springs Resort, Bedford, Pennsylvania, September 30, 2010

Faculty, Lorman Education Services, Progressive Business Publications, National Constitution Center

Media Commentary

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