Levine v. Rosen

OPINION

ZAPPALA, Justice.

This case presents two issues for our review. First, whether the trial court erred in instructing the jury about the reporting requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq. (hereinafter “the Health Care Act”). Second, whether the trial court erred in its instruction concerning the “two schools of thought” doctrine.

Mr. and Mrs. Levine filed suit against Dr. Rosen for his failure to diagnose breast cancer. Mrs. Levine testified that she had been a patient of Dr. Rosen for approximately nineteen years, when she went to visit…