Legal Opinion
Montgomery Hospital and Medical Center v. Bureau of Medical Care Availability and Reduction of Error Fund (MCARE Fund)
Commonwealth Court of Pennsylvania
Decided January 4, 2019No. 571 M.D. 2012PublishedCited by 3 opinions
1Opinion of the Court
OPINION BY JUDGE SIMPSON
Before this Court in our original jurisdiction is a motion for summary relief (Hospital Motion) filed by Petitioner, Montgomery Hospital and Medical Center (Hospital). Hospital seeks coverage from Respondent, the Bureau of Medical Care Availability and Reduction of Error Fund (MCARE Fund) of Hospital's defense expenses in underlying third-party medical malpractice litigation (Third-Party Action). For the reasons explained below, we deny the Hospital Motion. 1
I. Background
A. Underlying Third-Party Action
In July 2002, a patient (Third-Party Plaintiff) underwent surgery…
2Cases cited8 opinions
- Summers v. CERTAINTEED CORP.Supreme Court of Pennsylvania · 2010
- SMALICH v. WestfallSupreme Court of Pennsylvania · 1970
- Capan v. Divine Providence HospitalSuperior Court of Pennsylvania · 1980
- TONSIC Et Vir. v. WagnerSupreme Court of Pennsylvania · 1974
- Walls v. Hazleton State General HospitalCommonwealth Court of Pennsylvania · 1993
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3Cited by3 opinions
- D. Erastov v. City of Philadelphia, Philadelphia Sheriff's OfficeCommonwealth Court of Pennsylvania · 2022
- Fought v. City of Wilkes-Barre, PennsylvaniaDistrict Court, M.D. Pennsylvania · 2020
- R. Glahn and D. Gorencel v. DEP (Environmental Hearing Board)Commonwealth Court of Pennsylvania · 2023