circumstances surrounding the malpractice claim (Pennsylvania) · Go Syfert
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circumstances surrounding the malpractice claim in Pennsylvania

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.

Followed or applied (4)

CaseFollowedCited
Vicari v. Spiegelgreen
pasuperct · 2007 · cited in 4 Pennsylvania opinions naming this issue, 2020–2025
2 sentences

2025Generally, 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)].

14
Mitzelfelt v. Kamringreen
pa · 1990 · cited in 2 Pennsylvania opinions naming this issue, 2007–2008
2 sentences

2008The “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

12
Jones v. Montefiore Hospitalgreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

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

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

11
Billman v. Saylorgreen
pasuperct · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
1 sentence

2007See 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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Vogelsberger v. Magee-Womens Hospital of UPMC Health System green
pasuperct · 2006
2 sentences

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.

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.

62007–2024
Quinby v. Plumsteadville Family Practice, Inc. green
pa · 2006
2 sentences

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.

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.

42020–2024
Zavatchen v. RHF Holdings, Inc. green
pa · 2007
2 sentences

2021The 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

32020–2021
Carrozza v. Greenbaum green
pasuperct · 2004
1 sentence

2006Id.

12006–2006

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