· 6/28/1995
Gentzler v. Atlee
Citations
- 660 A.2d 1378
- 443 Pa. Super. 128
- 1995 Pa. Super. LEXIS 1861
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff stated a cause of action in a wrongful use of civil proceedings case brought by a physician against lawyer based upon an underlying malpractice suit that was dismissed
- declining to dismiss the claim where “[plaintiff] alleged facts of improper purpose, namely to harass or maliciously injure [plaintiff], and unnecessarily to delay and increase the cost of litigation”
- In Pennsylvania, only surgeons who actually perform the operative procedures have the duty to warn patients of risks and thus obtain informed consent.
- failure to appeal before a court which has the ability to effect any change negates the argument that a lawsuit was filed in an effort to change current law
- “In Pennsylvania, only surgeons who actually perform the operative procedures have the duty to warn patients of risks and thus obtain informed consent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wieand, Beck and Brosky
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.