# Jenkins v. Hospital of Medical College of Pennsylvania

> Superior Court of Pennsylvania · January 31, 1991 · 401 Pa. Super. 604

URL: https://www.frixlaw.com/law-library/cases/9638612

## Case

- **Full name:** Gwendolyn JENKINS, Appellant, v. HOSPITAL OF the MEDICAL COLLEGE OF PENNSYLVANIA and Dr. Carol Grabowski and Dr. Dorothy M. Barbo
- **Court:** Superior Court of Pennsylvania
- **Decided:** January 31, 1991
- **Citations:** 401 Pa. Super. 604; 585 A.2d 1091; 1991 Pa. Super. LEXIS 204
- **Precedential status:** Published
- **Opinion:** Concurrence by Wieand
- **Judges:** Rowley, Wieand, Olszewski, Montemuro, Beck, Kelly, Popovich, Johnson and Ford Elliott
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9638612

## Opinion text

WIEAND, Judge,
concurring statement:
The order of the trial court striking paragraphs from the plaintiff’s complaint had the effect of putting plaintiff “out of court” on her cause of action for damages allegedly resulting from defendants’ professional negligence in failing to administer to plaintiff an amniocentesis procedure in sufficient time to permit a therapeutic termination of her pregnancy. The remaining cause of action seeks to recover damages caused to plaintiff because the defendants allegedly performed a sterilization procedure on her, without her informed consent, following the birth of a child suffering from Down’s Syndrome. These two causes of action are entirely separate and distinct. Therefore, under Praisner v. Stocker, 313 Pa.Super. 332 , 459 A.2d 1255 (1983), the trial court’s order was immediately appealable. For this reason, I concur in the majority’s decision to review the merits of the trial court’s order and join its determination thereof.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9638612. Public record. Not legal advice.