# Cooper v. Delaware Valley Medical Center

> Superior Court of Pennsylvania · June 28, 1993 · 428 Pa. Super. 1

URL: https://www.frixlaw.com/law-library/cases/9699266

## Case

- **Full name:** Harry A. COOPER, D.O., Appellant, v. DELAWARE VALLEY MEDICAL CENTER, Bernard Amster
- **Court:** Superior Court of Pennsylvania
- **Decided:** June 28, 1993
- **Citations:** 428 Pa. Super. 1; 630 A.2d 1; 1993 Pa. Super. LEXIS 2099
- **Precedential status:** Published
- **Opinion:** Concurrence by Wieand
- **Judges:** Wieand, Elliott, Hoffman
- **Cited by:** 17 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/9699266

## How later opinions describe it (automated extraction)

- holding that a claim for fraud must be based on a false representation by the defendant

## Opinion text

WIEAND, Judge,
concurring:
I concur in the result. Although there may well be members of the peer review process, including the Delaware Valley Medical Center itself, who will eventually be entitled to summary judgment, the trial court’s present order is premature. Therefore, I agree that the case must be remanded for further proceedings.
In doing so, I find it unnecessary to advance an all-inclusive definition of “malice” as that term has been used in the Peer *26 Review Protection Act of July 20, 1974, P.L. 564, as amended, 63 P.S. § 425.1 et seq. I also find it unnecessary, for purposes of deciding the present appeal, to hold that the Peer Review Protection Act provides no protection for hospitals which have installed and relied upon the peer review process. It is enough that on the record now before this Court it cannot be determined as a matter of law that one or more of the named defendants did not act to preserve the “turf” of Dr. Amster rather than in the best interests of the hospital and its patients.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9699266. Public record. Not legal advice.