# Foti v. Askinas

> Superior Court of Pennsylvania · March 24, 1994 · 432 Pa. Super. 604

URL: https://www.frixlaw.com/law-library/cases/9735266

## Case

- **Full name:** Tammie FOTI and William Foti, as Parents and Natural Guardian of Anna Marie Foti, a Minor and Tammie Foti and William Foti, in Their Own Right, v. Alan A. ASKINAS, M.D. and Chester County Obstetrics and Gynecology Assoc., and Joseph L. Abbott, M.D. Appeal of Joseph L. ABBOTT, M.D. and Chester County Obstetrics and Gynecology Assoc.
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 24, 1994
- **Citations:** 432 Pa. Super. 604; 639 A.2d 807; 1994 Pa. Super. LEXIS 835
- **Precedential status:** Published
- **Opinion:** Concurrence by Wieand
- **Judges:** Wieand, Olszewski, Popovich
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved in part by Fancsali v. University Health Center, 563 Pa. 439 (2000).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9735266

## Opinion text

WIEAND, Judge,
concurring in a statement:
I concur. The only reason appellees seek to discontinue this action is because they cannot make out a prima facie case for recovery. The action charges appellants.with malpractice, and said appellants have a right to have the malpractice claims against them adjudicated. Appellees have no right to discontinue the action without prejudice in the hope that medical science will in the future provide factual support for a cause of action which, they concede, does not now exist. To allow the action to be discontinued without prejudice under these circumstances would be to prejudice defendants unfairly by holding them hostage indefinitely to an unwarranted claim. I would reverse and remand for trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9735266. Public record. Not legal advice.