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15 Pennsylvania opinions name it 5 courts 1989–2019 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Alexander v. Dept. of Public Welfaregreen2 sentences2003In Alexander v. DPW, 137 Pa. Commw. 342 , 586 A.2d 475 (1991), the Commonwealth Court stated that the medical-professional waiver is expressly limited to “[ajcts of health care employees.” The court also stated that exceptions to the rule of immunity must be “narrowly interpreted.” Alexander, 137 Pa. Commw. at 348 , 586 A.2d at 478 , citing Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). 2003In Alexander v. DPW, 137 Pa. Commw. 342 , 586 A.2d 475 (1991), the Commonwealth Court stated that the medical-professional waiver is expressly limited to “[ajcts of health care employees.” The court also stated that exceptions to the rule of immunity must be “narrowly interpreted.” Alexander, 137 Pa. Commw. at 348 , 586 A.2d at 478 , citing Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). | 2 | 3 |
Chevalier v. City of Philadelphiagreen2 sentences1992The Commonwealth Court, citing our opinions in Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987) and, Chevalier v. City of Philadelphia, 516 Pa. 316 , 532 A.2d 411 (1987), and its own opinion in Moore v. Department of Justice, 114 Pa.Commow. 56, 538 A.2d 111 (1988), concluded that "the criminal acts of a discharged mental patient did not constitute acts of the Commonwealth or its employees for which immunity is waived under the medical-professional exception." The Commonwealth Court observed that "harm caused by third persons may not be imputed to a local agency or its employee 1992The Commonwealth Court, citing our opinions in Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987) and, Chevalier v. City of Philadelphia, 516 Pa. 316 , 532 A.2d 411 (1987), and its own opinion in Moore v. Department of Justice, 114 Pa.Commow. 56, 538 A.2d 111 (1988), concluded that "the criminal acts of a discharged mental patient did not constitute acts of the Commonwealth or its employees for which immunity is waived under the medical-professional exception." The Commonwealth Court observed that "harm caused by third persons may not be imputed to a local agency or its employee | 2 | 3 |
Moore v. PA. DEPT. OF JUSTICEgreen2 sentences1992The Commonwealth Court, citing our opinions in Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987) and, Chevalier v. City of Philadelphia, 516 Pa. 316 , 532 A.2d 411 (1987), and its own opinion in Moore v. Department of Justice, 114 Pa.Commow. 56, 538 A.2d 111 (1988), concluded that "the criminal acts of a discharged mental patient did not constitute acts of the Commonwealth or its employees for which immunity is waived under the medical-professional exception." The Commonwealth Court observed that "harm caused by third persons may not be imputed to a local agency or its employee 1992The Commonwealth Court, citing our opinions in Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987) and, Chevalier v. City of Philadelphia, 516 Pa. 316 , 532 A.2d 411 (1987), and its own opinion in Moore v. Department of Justice, 114 Pa.Commow. 56, 538 A.2d 111 (1988), concluded that “the criminal acts of a discharged mental patient did not constitute acts of the Commonwealth or its employees for which immunity is waived under the medical-professional exception.” The Commonwealth Court observed that “harm caused by third persons may not be im,puted to a local agency or its employe | 1 | 4 |
Gillespie v. Veceniegreen2 sentences1991Mike v. Borough ofAliquippa, 279 Pa.Superior Ct. 382, 421 A.2d 251 (1980), Gillespie v. Vecenie, 292 Pa.Superior Ct. 11, 436 A.2d 695 (1981). 4 The Defendants counter that sovereign immunity under the medical-professional exception is not waived since the attack on Sabot constituted a third-party criminal act. 1991Mike v. Borough of Aliquippa, 279 Pa.Superior Ct. 382, 421 A.2d 251 (1980), Gillespie v. Vecenie, 292 Pa.Superior Ct. 11, 436 A.2d 695 (1981). [4] The Defendants counter that sovereign immunity under the medical-professional exception is not waived since the attack on Sabot constituted a third-party criminal act. | 1 | 1 |
Harrisburg State Hospital v. Sherkgreen2 sentences1991Norristown argues and the trial court found that sovereign immunity under the medical-professional exception, Section 8522(b)(2), is not waived since the attack on Holland constituted a third-party criminal act and accordingly was not the result of Norristown’s conduct, citing In Matter of Goryeb, 125 Pa.Commonwealth Ct. 271, 557-A.2d 822 (1989) and Harrisburg State Hospital v. Sherk, 128 Pa.Commonwealth Ct. 150, 562 A.2d 1025 (1989). 1991Norristown argues and the trial court found that sovereign immunity under the medical-professional exception, Section 8522(b)(2), is not waived since the attack on Holland constituted a third-party criminal act and accordingly was not the result of Norristown's conduct, citing In Matter of Goryeb, 125 Pa.Commonwealth Ct. 271, 557 A.2d 822 (1989) and Harrisburg State Hospital v. Sherk, 128 Pa.Commonwealth Ct. 150, 562 A.2d 1025 (1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Goryeb
neutral
2 sentences1991Norristown argues and the trial court found that sovereign immunity under the medical-professional exception, Section 8522(b)(2), is not waived since the attack on Holland constituted a third-party criminal act and accordingly was not the result of Norristown's conduct, citing In Matter of Goryeb, 125 Pa.Commonwealth Ct. 271, 557 A.2d 822 (1989) and Harrisburg State Hospital v. Sherk, 128 Pa.Commonwealth Ct. 150, 562 A.2d 1025 (1989). 1989Finally, in Matter of Goryeb, 125 Pa. Commonwealth Ct. 271 , 557 A.2d 822 (1989), a case factually indistinguishable from the one at bar, this court held that Mascaro was controlling and that the criminal acts of a discharged mental patient did not constitute acts of the Commonwealth or its employees for which immunity is waived under the medical-professional exception. | 3 | 1989–1991 |
Mascaro v. Youth Study Center
green
2 sentences2003In Alexander v. DPW, 137 Pa. Commw. 342 , 586 A.2d 475 (1991), the Commonwealth Court stated that the medical-professional waiver is expressly limited to “[ajcts of health care employees.” The court also stated that exceptions to the rule of immunity must be “narrowly interpreted.” Alexander, 137 Pa. Commw. at 348 , 586 A.2d at 478 , citing Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). 2003In Alexander v. DPW, 137 Pa. Commw. 342 , 586 A.2d 475 (1991), the Commonwealth Court stated that the medical-professional waiver is expressly limited to “[ajcts of health care employees.” The court also stated that exceptions to the rule of immunity must be “narrowly interpreted.” Alexander, 137 Pa. Commw. at 348 , 586 A.2d at 478 , citing Mascaro v. Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987). | 2 | 1992–2003 |
Terminato v. Pennsylvania National Insurance
green
2 sentences1999It assists insurers in making an informed decision regarding a medical claim by mandating review by a medical professional when the claim is challenged by the insurer.” Id. at 71 , 645 A.2d at 1292 . 1998Section 1797(b) is a cost containment provision, not an alternative dispute resolution procedure. 538 Pa. at 71 , 645 A.2d at 1292 . | 2 | 1998–1999 |
Steinberg v. Commonwealth
neutral
1 sentence2017See Moore v. Department of Justice, 538 A.2d 111 (Pa. Cmwlth. 1988); Steinberg v. Department of Public Welfare, 405 A.2d 1135 (Pa. Cmwlth. 1979). | 1 | 2017–2017 |
Goryeb v. Com. Dept. of Public Welfare
green
2 sentences2016Relying on Goryeb v. Department of Public Welfare, 575 A.2d 545 (Pa. 1990), Appellants, however, contend that the Act makes failure to provide alcohol treatment negligence per se and immunity was waived because it must be read in pari materia with the medical-professional exception to sovereign immunity. 2016Relying, on Goryeb v. Department of Public Welfare, 525 Pa. 70 , 575 A.2d 545 (1990), Appellants, however, contend that the Act makes failure to provide alcohol treatment negligence per se and immunity was waived because it must be read in pari materia with the medical-professional exception to sovereign immunity. | 1 | 2016–2016 |
Martz v. Southeastern Pennsylvania Transportation Authority
green
1 sentence2016In Martz v. Southeastern Pennsylvania Transportation Authority, 598 A.2d 580 (Pa. Cmwlth. 1991), an employee filed a complaint against the Southeastern Pennsylvania Transportation Authority (SEPTA), asserting claims of false arrest and imprisonment and malicious prosecution. | 1 | 2016–2016 |
Peak v. Petrovitch
green
2 sentences2016Peak v. Petrovich, 636 A.2d 1248 (Pa. Cmwlth. 1994). 2016Peak v. Petrovitch, 161 Pa.Cmwlth. 261 , 636 A.2d 1248 (1994). | 1 | 2016–2016 |
Walls v. Hazleton State General Hospital
green
1 sentence1996However, we find that there was sufficient evidence of record for the jury to have concluded that Dr. Polidora was an ostensible agent of the hospital, and as such, would fall under section 8522(b)(2), the medical-professional exception to sovereign immunity.” Walls, supra at 178 , 629 A.2d at 236 . | 1 | 1996–1996 |
Norbert v. Com., State Police
green
1 sentence1993Norbert v. Pennsylvania State Police, 148 Pa.Commonwealth Ct. 505, 611 A.2d 1353 (1992). | 1 | 1993–1993 |
Mike v. Borough of Aliquippa
green
2 sentences1991Mike v. Borough ofAliquippa, 279 Pa.Superior Ct. 382, 421 A.2d 251 (1980), Gillespie v. Vecenie, 292 Pa.Superior Ct. 11, 436 A.2d 695 (1981). 4 The Defendants counter that sovereign immunity under the medical-professional exception is not waived since the attack on Sabot constituted a third-party criminal act. 1991Mike v. Borough of Aliquippa, 279 Pa.Superior Ct. 382, 421 A.2d 251 (1980), Gillespie v. Vecenie, 292 Pa.Superior Ct. 11, 436 A.2d 695 (1981). [4] The Defendants counter that sovereign immunity under the medical-professional exception is not waived since the attack on Sabot constituted a third-party criminal act. | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.