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On September 23, 2002, John M. Pumphrey, Esquire successfully argued for Summary Judgment on behalf of a physician in a catastrophic medical negligence action involving the wrongful death of a stillborn child. Presiding at the oral argument was Judge Jacqueline F. Allen of the Philadelphia County Court of Common Pleas.

Plaintiff had submitted medical expert testimony critical of this physician. Specifically, plaintiff alleged that the physician, who had rendered prenatal care to plaintiff the day before the hospital admission at issue, had an ongoing duty to treat plaintiff once she was admitted to a hospital where the physician had some affiliation, but no specific privileges. Mr. Pumphrey argued that as a matter of law plaintiff's expert's testimony was insufficient, as there is no such extension of a physician's duty recognized under Pennsylvania law.

After considering all the evidence, including a thorough review of all expert testimony and depositions, and hearing extensive argument from plaintiff's counsel and Mr. Pumphrey, Judge Allen granted the motion thereby dismissing the physician with prejudice.

Posted: September 25, 2002

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