Legal Opinion

Zazzera v. Roche

Pennsylvania Court of Common Pleas, Lackawanna County

Decided December 10, 2001No. 01-CV-2062PublishedCited by 1 opinion

1Opinion of the Court

NEALON, J.,

The health care defendants in this medical malpractice action have filed preliminary objections seeking to dismiss the claims for punitive damages set forth in the complaint. Since the plaintiffs have alleged that defendant, James J. Roche M.D., erroneously operated on a healthy left carotid artery even though an earlier ultrasound demonstrated that there was critical stenosis of his patient’s right carotid artery, they have adequately averred that Dr. Roche purportedly committed an unreasonable act in reckless disregard of a risk that was readily apparent on preoperative…

2Cases cited13 opinions

  1. SHV Coal, Inc. v. Continental Grain Co.Supreme Court of Pennsylvania · 1991
  2. Shiner v. MoriartySuperior Court of Pennsylvania · 1998
  3. McClellan v. Health Maintenance OrganizationSuperior Court of Pennsylvania · 1992
  4. Hoffman v. Memorial Osteopathic HospitalSupreme Court of Pennsylvania · 1985
  5. Dean Witter Reynolds, Inc. v. GenteelSupreme Court of Pennsylvania · 1985

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3Cited by1 opinion

  1. MOORE v. JANE DOEDistrict Court, E.D. Pennsylvania · 2022

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