Tuesday, September 29, 2020

Pennsylvania Superior Court Reviews When Treating Physician May Testify As to Causation (Non-Precedential)

In the Non-Precedential decision of Krolikowski v. Ethicon Womans’ Health & Urology, No. 2025 MDA 2019 (Pa. Super. Aug. 11, 2020 McCaffery, J., Bowes, J., Ford Elliot, P.J.E.) (Op. by McCaffery, J.) (Non-Precedential), the Pennsylvania Superior Court affirmed the denial of the Plaintiff’s Pos-Trial Motions following a defense verdict in a case involving products liability claims relative to a pelvic mesh.

Notably, the Pennsylvania Superior Court confirmed that a treating physician may testify as to causation issues without being designated as an expert when those opinions were formed as part of the treater’s medical treatment. 

The court found that the opinions of the treating physician were based entirely upon the treater’s contemporaneous medical notes and were not created in anticipation of litigation. 

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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