Pomroy v. Hospital of the University of Pennsylvania

OPINION BY

PANELLA, J.

Appellants, the Estate of Ernest F. Ro-sato, M.D., and Hospital of the University of Pennsylvania, appeal from the judgment entered after the denial of their post-trial motions for judgment notwithstanding the verdict (“JNOV”). We conclude that the record is legally insufficient to support the jury’s verdict. As a result, the trial court erred in denying Appellants’ motions for JNOV and we must reverse.

This appeal arises from a medical malpractice claim against Dr. Rosato. All parties agree that there was no claim that Dr. Rosato failed to secure informed consent from the…