Legal Opinion

Foster v. UPMC South Side Hospital

Superior Court of Pennsylvania

Decided August 6, 2010No. 1995 WDA 2008PublishedCited by 46 opinions

1Opinion of the Court

OPINION BY

BOWES, J.:

Dr. Mark R. Foster appeals from the November 20, 2008 order granting summary judgment to Appellee, UPMC South Side Hospital.' We affirm.

Appellant was an orthopedic surgeon with privileges at UPMC South Side Hospital (“UPMC”). On September 15, 2005, he was summarily suspended by UPMC after performing surgery on the wrong side of a patient. This error was one of several surgical missteps committed by Appellant within two months. Under the Medical Staff Bylaws of UPMC (the “bylaws”), a physician whose medical staff privileges have been suspended may seek a hearing before a…

2Cases cited21 opinions

  1. Thompson Coal Co. v. Pike Coal Co.Supreme Court of Pennsylvania · 1979
  2. GLENN v. Point Park CollegeSupreme Court of Pennsylvania · 1971
  3. Insurance Adjustment Bureau, Inc. v. Allstate InsuranceSupreme Court of Pennsylvania · 2006
  4. Phillips v. SeligSuperior Court of Pennsylvania · 2008
  5. Lerner v. LernerSuperior Court of Pennsylvania · 2008

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3Cited by46 opinions

  1. Feingold v. HendrzakSuperior Court of Pennsylvania · 2011
  2. Babb v. Centre Community HospitalSuperior Court of Pennsylvania · 2012
  3. Kia v. Imaging Sciences International, Inc.District Court, E.D. Pennsylvania · 2010
  4. Salsgiver Communications, Inc. v. Consolidated Communications Holdings, Inc.Superior Court of Pennsylvania · 2016
  5. B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013

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