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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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