The 16 lawsuits pending against Dr. Anthony Mauriello are unusual for a number of reasons beyond their number.

Corporate negligence claims are not common in malpractice cases.

In many of the cases involving Mauriello, Lancaster Regional Medical Center or Heart of Lancaster Regional Medical Center are accused of corporate negligence for retaining the orthopedic surgeon on their staffs.

Health Management Associates, which is alleged to be the Florida-based owner of both hospitals, is accused of corporate negligence for the same reason.

Six of eight suits filed in 2006 and all three filed in January and February asked for punitive as well as compensatory damages. That's also unusual.

Typically, malpractice lawsuits seek only compensatory damages, as did the first five suits filed in 2004 and 2005.

When the defense objected, plaintiffs withdrew punitive-damage claims with the understanding that they may be reinstated if, following pre-trial discovery, evidence supports them.

Most of the suits against Mauriello also name Physicians Alliance Ltd., a company that represents numerous local physicians who referred cases to Mauriello. Mauriello was an employee of PAL when he performed these surgeries.

Suing an entire cooperative association of doctors is again unusual.

Mauriello is charged with medical negligence in all suits.

The other defendants — PAL; Midstate Orthopaedics, Mauriello's business at the time of the surgeries; the hospitals; and HMA — are charged with vicarious, or indirect, negligence because they employed Mauriello.

PAL also is charged with negligent hiring, retention and supervision of Mauriello.

Most suits, including all suits filed this year, seek "in excess of $50,000" on each of multiple counts against several defendants. The others ask for "in excess of $35,000."

Arbitration cannot be mandated in Pennsylvania for cases in excess of $50,000. Accordingly, unless a suit seeking more than $50,000 is settled by parties out of court, it must go to a jury trial.

Each count in these lawsuits is supported by a certificate of merit pledging that a medical professional has found basis to conclude that the defendant's treatment "fell outside acceptable professional standards."

The Lancaster law firm of Atlee, Hall & Brookhart is handling 14 of the lawsuits. Lead attorneys in most cases are Edward Kennett and Thomas Hall.

April Strang-Kutay, a Lancaster-based attorney with the Harrisburg law firm of Goldberg, Katzman, and Joseph Melillo, a Harrisburg attorney, are handling the other  two cases.

Christopher Stump, of Lancaster's Stevens & Lee law office, is defending Mauriello in all but the latest suits, which are being handled by Daniel Grill and Gerryanne Cauler, of the Harrisburg law firm of Thomas, Thomas & Hafer.

Stump also represents PAL.

Andrew Briggs and Karen Minehan, of the Lancaster firm of Post & Schell, are attorneys for Lancaster Regional, Heart of Lancaster and HMA.

• CONTACT US: jbrubaker@LNPnews.com or 291-8781