Capan v. Divine Providence Hospital

CERCONE, President Judge:

This is an appeal from the order of the Court of Common Pleas of Allegheny County denying appellant’s motions for new trial and motion to take off non-suits in wrongful death and survival actions. We affirm the decision of the lower court.

The decedent, Frank Capan, was admitted to Divine Providence Hospital on November 17, 1972 for treatment of a nosebleed. Appellee, Dr. Raimund Rueger, was the first physician to treat Frank. He packed his nose in gauze, prescribed some medication, and had Frank remain in the hospital. On November 19, Frank developed a rapid heart…