Thursday, October 5, 2017

Scope of Expert Testimony in a Medical Malpractice Action Reviewed

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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