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8 Pennsylvania opinions name it 1 courts 2006–2025 3 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 |
|---|---|---|
Vicari v. Spiegelgreen2 sentences2025Generally, where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson, . . . the plaintiff is . . . required to present an expert witness who will testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards, and that such deviation was the proximate cause of the harm suffered[.] Id. at 510 (citations omitted). 2024Vicari[ v. Spiegel, 936 A.2d 503 ,] 510 [(Pa. Super. 2007)]. | 1 | 4 |
Mitzelfelt v. Kamringreen2 sentences2008The “plaintiff is ... required to present an expert witness who will testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards, and that such deviation was the proximate cause of the harm suffered.” Mitzelfelt v. Kamrin, 526 Pa. 54 , 584 A.2d 888, 892 (1990). 2007Moreover, “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson, as in the instant case[,]” Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n. 11 (Pa.Super.2006), the “plaintiff is also required to present an expert witness who will testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards, and that such deviation was the proximate cause of the harm suffered[,]” Mitzelfelt, 584 A.2d at 892 . ¶ 18 Additionally, a “medical opinion need o | 1 | 2 |
Jones v. Montefiore Hospitalgreen2 sentences2007Moreover, “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson, as in the instant case[,]” Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n. 11 (Pa.Super.2006), the “plaintiff is also required to present an expert witness who will testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards, and that such deviation was the proximate cause of the harm suffered[,]” Mitzelfelt, 584 A.2d at 892 . ¶ 18 Additionally, a “medical opinion need o 2007Moreover, “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson, as in the instant case[,]” Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n. 11 (Pa.Super.2006), the “plaintiff is also required to present an expert witness who will testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards, and that such deviation was the proximate cause of the harm suffered[,]” Mitzelfelt, 584 A.2d at 892 . ¶ 18 Additionally, a “medical opinion need o | 1 | 1 |
Billman v. Saylorgreen1 sentence2007See also Billman v. Saylor, 761 A.2d 1208, 1212 (Pa.Super.2000) (“[WJhere the plaintiff is unable to show to a reasonable degree of medical certainty that the physician’s actions/omissions caused the resulting harm, but is able to show to a reasonable degree of medical certainty that the physician’s actions/omissions increased the risk of harm, the question of whether the conduct caused the ultimate injury should be submitted to the jury”); Montgomery v. South Philadelphia Med. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vogelsberger v. Magee-Womens Hospital of UPMC Health System
green
2 sentences2024The plaintiff must present expert testimony “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson.” Id. at 1000 (quoting Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n.11 (Pa. Super. 2006)[.] An expert must testify, to a reasonable degree of medical certainty, that the defendant physician deviated from acceptable standards, and that the deviation was the proximate cause of the plaintiff’s harm. 2024The plaintiff must present expert testimony “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson.” Id. at 1000 (quoting Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n.11 (Pa. Super. 2006)[.] An expert must testify, to a reasonable degree of medical certainty, that the defendant physician deviated from acceptable standards, and that the deviation was the proximate cause of the plaintiff’s harm. | 6 | 2007–2024 |
Quinby v. Plumsteadville Family Practice, Inc.
green
2 sentences2024The plaintiff must present expert testimony “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson.” Id. at 1000 (quoting Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n.11 (Pa. Super. 2006)[.] An expert must testify, to a reasonable degree of medical certainty, that the defendant physician deviated from acceptable standards, and that the deviation was the proximate cause of the plaintiff’s harm. 2024The plaintiff must present expert testimony “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson.” Id. at 1000 (quoting Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n.11 (Pa. Super. 2006)[.] An expert must testify, to a reasonable degree of medical certainty, that the defendant physician deviated from acceptable standards, and that the deviation was the proximate cause of the plaintiff’s harm. | 4 | 2020–2024 |
Zavatchen v. RHF Holdings, Inc.
green
2 sentences2021The plaintiff must present expert testimony “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson.” Id. at 1000 (quoting Vogelsberger v. Magee- Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n.11 (Pa. Super. 2006), appeal denied, 917 A.2d 315 (Pa. 2007)). 2020The plaintiff must present expert testimony “where the circumstances surrounding the malpractice claim are beyond the knowledge of the average layperson.” Id. at 1000 (quoting Vogelsberger v. Magee-Womens Hosp. of UPMC Health Sys., 903 A.2d 540 , 563 n.11 (Pa. Super. 2006), appeal denied, 917 A.2d 315 (Pa. 2007)). ____________________________________________ 2 Our Supreme Court in Vicari addressed expert qualifications, a matter not at issue here. -4- J-A25015-19 An expert must testify, to a reasonable degree of medical certainty, that the defendant physician deviated from acceptable standards | 3 | 2020–2021 |
Carrozza v. Greenbaum
green
1 sentence2006Id. | 1 | 2006–2006 |