Thursday, June 20, 2019

Pennsylvania Supreme Court Reaffirms That Risks and Complications of Surgery May Be Admissible

In Mitchell v. Shikora, 55 WAP 2017 (Pa. June 18, 2019)(Op. by Todd, J.)(Wecht, J., Concurring), a medical negligence case, the Pennsylvania Supreme Court addressed the admissibility of evidence regarding the risks and complications of a surgical procedure in a medical negligence case.

Consistent with the Court's recent decision in Brady v. Urbas, 111 A.3d 1155 (Pa. 2015), the Court found that evidence of the risks and complications of a surgery may be admissible at trial.

Anyone wishing to review the Majority Opinion of this decision may click this LINK.  Justice Wecht's Concurring Opinion can be viewed HERE.  Justice Donohue's Concurring Opinion can be viewed HERE.

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