Superior Court Affirms Trial Court's Refusal to Give Increased Risk of Harm Jury Instruction in Medical Malpractice Case

In its non-precedential decision in the case of Matthews v. Hosp. of the Univ. of Penn., No. 1163 EDA 2024 (Pa. Super. Feb. 26, 2026 Lazarus, P.J., Kunselman, J., and King, J.) (Op. by King, J.), the Pennsylvania Superior Court denied a medical malpractice Plaintiff’s attempt to overdue a defense verdict in a Philadelphia County case.

In part, the Plaintiff argued that the trial court had erred in denying the Plaintiff’s request for an increased risk of harm jury charge.

Upon review of the record, the court found that the jury instruction was not warranted because the Plaintiff’s witnesses, including expert witnesses, failed to testify as to how the Defendant’s alleged delay in performing a cesarean section caused or increased the risk of harm to the Plaintiff’s child. 

The court noted that the record revealed that the Plaintiff’s expert did not state, within a reasonable degree of medical certainty, that the Defendants’ alleged failure to perform a C-Section earlier could either cause or increase the risk the type of brain injury suffered by the child.  As such, the Superior Court ruled that the Plaintiff was not entitled to the increased risk of harm jury instruction under the evidence that was presented at trial.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.


Source: Article – “Insufficient Expert Testimony Sinks Push To Overturn Med. Mal Defense Win, Pa. Appeals Court Rules.” By Riley Brennan The Legal Intelligencer (Feb. 27, 2026).