Marek v. Ketyer

DEL SOLE, J.:

¶ 1 This appeal follows a defense verdict in a medical malpractice case in which Appellants alleged that Appellees failed to timely diagnose and treat their infant daughter’s congenital heart condition which led to her death. Upon review we find it necessary to award a new trial based upon Appellants’ claim that Dr. Beerman, a treating physician, communicated with defense counsel ex parte and testified as a defense expert on liability without Appellants’ consent in violation of Pa.R.C.P. 4003.6.

112 Pennsylvania Rule of Civil Procedure 4003.6 provides that “[information may be…