Kevin is the director of the firm's Health Care Department, overseeing more than 80 attorneys in 15 offices. He is also a member of the firm's board of directors. Kevin has played an active role in not only substantially increasing the number of attorneys in the Health Care Department, but also in expanding its geographical footprint.
In addition to his administrative responsibilities, the majority of Kevin's professional time is spent providing defense representation in health care liability matters involving large exposure and complex cases. These cases involve the defense of physicians, hospitals, dentists, therapists, mental health professionals and other health care providers. Other areas of his practice have been devoted to significant general liability matters, including premises liability and security litigation.
Kevin estimates that since 1984 he has handled more than 400 health care liability matters. He has taken numerous cases to verdict, the majority of them resulting in defense awards. He has also had a significant number of cases taken to trial that resulted in client dismissals by stipulation or motion. In addition, Kevin has been involved with numerous ADR proceedings, including binding arbitrations, with successful results.
Kevin's representative defense jury verdicts include defense of a urologist in a 2000 trial involving failure to diagnose testicular cancer resulting in the death of a 49-year-old man; defense of an emergency physician in a 2006 trial involving the death of an elderly patient following the administration of a narcotic medication; a 2008 trial involving a severe shoulder dystocia birth injury case and defense of the treating obstetrician; defense of a hospital client in a 2012 trial where alleged failure to diagnose renal failure resulted in the death of a man following knee surgery; and in 2014, defense of a hospital client in which alleged nursing negligence resulted in a femur fracture and subsequent complications for a post hip replacement surgery patient.
After receiving a Bachelor of Science degree in accounting from the University of Scranton in 1981, Kevin obtained his juris doctor from Loyola University in New Orleans in 1984. While in law school, Kevin was selected to serve on the moot court board. Prior to joining Marshall Dennehey in 1993, Kevin was a partner with a Philadelphia law firm, where he practiced for nine years.
Kevin has been awarded an AV Preeminent rating by Martindale-Hubbell. Throughout his career, he has been active in the preparation of articles in his field of concentration and he has given numerous presentations to clients, including hospitals and insurance carriers, regarding the defense of health care liability cases and medical/legal related matters.
•Case Evaluations and Jury Verdicts in Medical Professionals Liability Cases and Defending the Mental Health Case, Allied World Assurance Company, October 2011
•Updates on the Medical Care Availability and Reduction of Error Act (MCARE), MCARE Fund & Fair Share Act, OneBeacon Insurance Group, Connecticut, October 2011
•Current Legal Trends, Update on Tort Reform In Pennsylvania, Potential Civil Implications Arising From the New Medicare Requirements Under the Deficit Reduction Act Of 2005, University of Scranton, Bi-annual Medical Alumni Symposium, March 2009
•Psychiatric Records Can Be Subject To Discovery In Pennsylvania, Defense Digest, Vol. 16, No. 4, December 2010
•Disgruntled Lasik Surgery Plaintiff Not Precluded from Expressing Non-Defamatory Comments On Website, Defense Digest, Vol. 13, No. 3, September 2007
•New Trial Awarded Because of Improper Contact with Treating Physician, Defense Digest, Vol. 5, No. 5, 1999
•Informed Consent Not Limited To Physician Information, Defense Digest, Vol. 5, No. 3, 1999
•Current Status of Wrongful Use of Civil Proceedings, (co-author), Defense Digest, Vol. 4, No. 5, 1998
•HMO's ERISA Shield Pierced By Superior Court, Defense Digest, Vol. 2, No. 6, June 1996
•HMOs are Denied Peer Review Protection, Defense Digest, Vol. 1, No. 8, August 1995
Honors & Awards
• AV Preeminent by LexisNexis Martindale-Hubbell
•Pennsylvania Super Lawyers, 2014
Year Joined Organization
Marshall Dennehey Warner Coleman & Goggin Elects Board of Directors
December 19, 2012
December 2012 - Philadelphia, PA - The Executive Committee of the defense litigation firm Marshall Dennehey Warner Coleman & Goggin (MDWC&G) is pleased to announce that Robin Snyder, Esq. was elected as a member of the firm's board of directors as well as senior vice president at the annual...
Kate McGrath (King of Prussia, PA), Kevin FitzPatrick (King of Prussia, PA) and Jeff Bates (Philadelphia, PA) presented a seminar to representatives of OneBeacon Insurance Group in Connecticut
October 1, 2011
Kate McGrath (King of Prussia, PA), Kevin FitzPatrick (King of Prussia, PA) and Jeff Bates (Philadelphia, PA) presented a seminar to representatives of OneBeacon Insurance Group in Connecticut. Topics included updates on the Medical Care Availability and Reduction of Error Act (MCARE), MCARE Fund...
Seminar on case evaluations and jury verdicts in medical professionals liability cases
October 1, 2011
Kevin FitzPatrick (King of Prussia, PA), Chandler Hosmer (King of Prussia, PA), Bill Banton (Philadelphia, PA), and Joan Orsini Ford(Doylestown, PA) presented a seminar on case evaluations and jury verdicts in medical professionals liability cases and defending the mental health case to...
Increase of Large / Excessive Jury Verdicts
Conference • Apr 17, 2013 T. Kevin FitzPatrick is participating in a panel discussion at the upcoming Crittenden Medical Insurance Conference in Boston on April 16-18. The panel will address the upward trend of large/excess verdicts, the effects of large verdicts...
Psychiatric Records Can Be Subject to Discovery in Pennsylvania
Defense Digest Article • December 1, 2010
Pennsylvania - Health Care Liability, Key Points:Psychiatric records are privileged, but prevention from discovery is not absolute.Pennsylvania recognizes numerous statutes and policy considerations restricting..., Defense Digest, Vol. 16, No. 4, December 2010