Monday, May 13, 2024

Summary Judgment Motion Denied in Medical Malpractice Case Regarding Alleged Superseding Cause

In the case of Nigon v. Jewel, No. 671 WDA 2023 (Pa. Super. April 9, 2024 Murray, J., Bowes, J., and Kunselman, J.) (Op. by Murray, J.), the court reversed a summary judgment entered by the trial court in a medical malpractice case.

In this case, the court found that the fact that one Defendant doctor was indisputably aware of the decedent’s need for anticoagulation medication, and discussed that with the decedent, is not a superseding cause precluding the liability of a second doctor for an alleged negligent failure to discuss the same issue.

The Superior Court emphasized that the Plaintiff’s experts blamed both doctors for the ultimate failure to provide the alleged required treatment such that causation remained a jury question.

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

I thank 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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