Legal Opinion

Mitzelfelt v. Kamrin

Supreme Court of Pennsylvania

Decided December 27, 1990No. 136 E.D. Appeal Docket 1989PublishedCited by 155 opinions

1Opinion of the Court

OPINION OF THE COURT

CAPPY, Justice:

The issue before this court is what standard of proof is required in medical malpractice cases when there is a percentage of risk that that harm would occur, even in the absence of negligence. Although we believe that this issue has been adequately addressed in the case of Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978), and its progeny, we again write to dispel any possible confusion.

PROCEDURAL HISTORY

This lawsuit was filed by Nancy F. Mitzelfelt and Lewis Mitzelfelt (hereinafter “appellants”) against the named defendants and another physician, Dr.…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Hamil v. BashlineSupreme Court of Pennsylvania · 1978
  2. Morena v. South Hills Health SystemSupreme Court of Pennsylvania · 1983
  3. Commonwealth v. BradySupreme Court of Pennsylvania · 1986
  4. Jones v. Montefiore HospitalSupreme Court of Pennsylvania · 1981
  5. Majors v. Brodhead HotelSupreme Court of Pennsylvania · 1965

6 more not listed; retrieve them via the Exa API.

3Cited by155 opinions

  1. Delores Simmons, Administratrix of the Estate of Daniel La Friscoe Simmons v. The City of Philadelphia Police Officer A. Panati, Badge No. 2587Court of Appeals for the Third Circuit · 1991
  2. Schneider v. FriedCourt of Appeals for the Third Circuit · 2003
  3. Commonwealth v. BaezSupreme Court of Pennsylvania · 1998
  4. Hightower-Warren v. SilkSupreme Court of Pennsylvania · 1997
  5. Welsh v. BulgerSupreme Court of Pennsylvania · 1997

150 more not listed; retrieve them via the Exa API.

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