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· 2/21/1995

Montgomery v. South Philadelphia Medical Group, Inc.

Citations

  • 656 A.2d 1385
  • 441 Pa. Super. 146
  • 1995 Pa. Super. LEXIS 282

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that, to be admissible, the opinion of an expert witness must be rendered within a reasonable degree of medical certainty
  • requiring physician expert testimony to be rendered within reasonable degree of medical certainty
  • allowing a physician to testify regarding a breach of duty by a physician’s assistant, because “[k]nowledge as to the treatment and care of patients which may be possessed by a physician’s assistant is also knowledge generally possessed by a medical doctor.”
  • because a jury may not reach its verdict on mere speculation, the trial court may enter nonsuit if plaintiff has failed to produce sufficient evidence to meet her burden of proof
  • physi-cian may testify about the breach of a duty by a physician’s assistant since knowledge about the care and treatment of patients which may be possessed by a physician’s assistant is also knowledge generally possessed by a medical doctor
  • when the medical expert demonstrates, with a reasonable degree of medical certainty, that a defendant’s conduct increased the risk of the harm actually sustained, it is then up to a jury to decide whether that conduct was a substantial factor in bringing about the harm

Source: CourtListener parenthetical corpus (CC0).

Judges: Rowley, P.J., and Wieand and Saylor

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.