In its recent decision in the case of James v. Albert Einstein Medical Center, 2017 Pa. Super. 293 (Pa. Super. Sept. 12, 2017 Blatt, Dubow, and Ransom, J.J.) (Op. by
Blatt, J.), the Pennsylvania Superior Court affirmed the entry of a verdict in
favor of a Defendant in a medical malpractice action. In one decision of note in this case, the
court found that experts in one area of medicine are qualified to address
other areas of medicine covered by other specialties where the medical
specialties overlap.
The Pennsylvania
Superior Court in this decision also reiterated the rule that Pennsylvania does
not recognize the right of filial consortium.
Accordingly, the court found that the mother of the decedent was
properly precluded from testifying about her pain and suffering in a wrongful
death case.
Anyone wishing to review a copy of this decision may click HERE.
I send thanks to Attorney James M. Beck of the Reed Smith
law office in Philadelphia for bring this case to my attention.
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