Superior Court Rules on Applicability of Jury Instruction On Recurrence of Medical Condition in Medical Malpractice Case

In its non-precedential decision in the case of Musika v. Abington-Jefferson Health, No. 599 EDA 2023 (Pa. Super. Jan. 9, 2025 Stabile, J., Colins, J., and McLaughlin, J.) (Op. by Stabile, J.; McLaughlin, J. concurring and dissenting), the Pennsylvania Superior Court affirmed a defense verdict in a medical malpractice case.

Of note in this matter, the court did rule that the Plaintiff was entitled to an increased risk of medical malpractice jury instruction on recurrence in a case where the Plaintiff had cancer, but had not yet suffered any recurrence.

The court noted that, under Pennsylvania law, where a Plaintiff already has a disease, its recurrence is not a separate injury that could support a later lawsuit, but rather, a matter of damages in the original lawsuit.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.  Judge McLaughlin's Concurring and Dissenting Opinion can be viewed HERE.

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.