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· 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 CourtListener

Sourced 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.