Elaine M. Ross
Offices
Pennsylvania
1801 Market St.
Philadelphia, PA 19103
Practice Areas
General Litigation
Insurance Coverage
Product Liability
Professional Liability
Product Liability
Healthcare
Experience
Elaine Ross has over 30 years of experience defending hospitals, nurses, physicians and other acute care medical providers in high-exposure medical malpractice cases in Philadelphia, Chester, Montgomery, Lancaster, Berks, Cumberland and Montour Counties in Pennsylvania. Elaine has represented all the tertiary care hospitals in Philadelphia as well as community hospitals in Philadelphia, Central and Southeastern Pennsylvania. She also has experience in products liability, insurance coverage, long term care defense, catastrophic loss and general liability defense cases as well as more than fifteen years of criminal defense experience as Court Appointed Counsel by the City of Philadelphia in major felony cases.
Elaine has been involved in numerous high-exposure cases ($1 million or higher) where the defense has involved identification, retention and coordination of numerous sophisticated expert witnesses. She is most often involved in cases where multiple experts are retained on behalf of her client, who evaluate cases regarding standard of care, causation, corporate liability, varied and complex medical issues, life expectancy, life care planning and economic damage claims. A number of those cases have proceeded to jury verdict, with defense verdicts being the
result in the great majority of cases.
Elaine has started approximately 100 jury trials in her career, and she has tried approximately 50 cases to verdict, including approximately 45 jury verdicts in the field of medical professional liability defense. She has secured defense verdicts in approximately 95 percent of the cases
she has tried to verdict. Elaine has argued cases before the Pennsylvania Superior and Commonwealth Courts. She has been a certified member of the American Board of Trial Advocates (ABOTA) since 2005.
Court Admissions
- Supreme Court of Pennsylvania
- Federal District Court for the Eastern and Middle Districts of
Pennsylvania - Third Circuit Court of Appeals and Supreme Court of the United States
Notable Matters
Sampling of Notable Verdicts Obtained:
- Negotiated JTF settlement of $50,000 on behalf of regional hospital in June, 2021 on failure to diagnose PE resulting in death of a 48 year old mother of six. (Chester County, PA).
- Verdict of $20,000 against regional hospital and CRNP after two weeks of trial in April, 2021 on claim of 50 year old plaintiff alleging CRPS (resulting from foot injuries sustained during cardiac stress test) and $1.5 million documented in economic losses with $0 awarded to wife for lack of consortium. (Chester County, PA).
- Motion for Directed Verdict Granted on behalf of regional hospital after two weeks of trial in failure to diagnose sarcoidosis case (Chester County PA)
- Negotiated JTF settlement of $50,000 for regional hospital in failure to diagnose breast cancer (Philadelphia, PA)
- Defense verdict on behalf of regional hospital after two weeks of trial in a failure to diagnose infection causing wrongful death (Chester County, PA)
- Defense verdict on behalf of regional hospital after two weeks of trial in failure to diagnose abdominal infection resulting in sepsis and near death. (Philadelphia, PA)
- Defense verdict on behalf of regional hospital in patient elopement and suicide after two weeks of trial (Chester County, PA)
- Defense Verdict on behalf of physician and hospital in bilateral testicular failure as a result of alleged negligent hernia surgery in a 30 year old male after one week of trial (Philadelphia, PA)
- Defense verdict on behalf of gynecologist for alleged failure to properly treat post-operative bowel obstruction resulting in death of 60 year old patient: unnecessary hysterectomy to treat cervical carcinoma in situ of cervix; lack of informed consent after nine days of trial (Montgomery County, PA)
- Nonsuit granted on behalf of radiologist in alleged failure to diagnose lymphoma in a 34 year old attorney, resulting in alleged loss of chance of cure and income loss after two weeks of trial (Philadelphia, PA)
- Defense verdict on behalf of urologist in alleged damage to urinary sphincter during prostate surgery resulting in total urinary incontinence in 62 year old male after ten days of trial (Lehigh County, PA)
- Plaintiff 's verdict against pathologist after stipulation to liability for failure to communicate pathology diagnosis of MALT lymphoma until recurrence 6 years later in 45 year old female resulting in loss of chance for cure. Demand: $ 2 million. Jury Verdict: $130,000. (Philadelphia, PA).
- Defense verdict on behalf of obstetrician in brain damaged baby case after two trials; one hung jury after six weeks and a defense verdict after three weeks of retrial. (Philadelphia, PA).
- Acquittal: Pro Bono Representation of Criminal Defendant in Attempted Murder Jury Trial. (Philadelphia, PA)
- Judgment of Nonsuit on behalf of a neurologist for death of a 45 year old woman from seizure due to alleged improper treatment of seizure disorder after one week of trial (Philadelphia, PA).
Education
- Delaware Law School | Wilmington, DE | J.D.
- Temple University | Philadelphia, PA | BBA in Economics and Insurance & Risk
Professional & Community Affiliations
As an active member of her community, Elaine has served on the Executive Board of Wyngate Community HOA in Montgomery County, Pennsylvania and participates in canine rescue operations for various animal rescue groups.
