Opinion

Wentzel, M. v. Cammarano, D.

  • 2017 Pa. Super. 233
  • 166 A.3d 1265
  • 2017 Pa. Super. LEXIS 540
  • 2017 WL 3073361
Court
Superior Court of Pennsylvania
Filed
Jul 19, 2017
Status
Published
Author
Lazarus
On the bench
Panella, Lazarus, Stevens
Cited by
6 cases
Authority
More cited than 13.4%

“[I]f there exists any proper basis for the trial court’s decision to grant a petition to transfer venue, the decision must stand.”

How later courts described this case

  • “[I]f there exists any proper basis for the trial court’s decision to grant a petition to transfer venue, the decision must stand.”
  • venue proper in county where negligent delay in communicating medical diagnosis and providing treatment occurred

Written by the judges who cited it.

The opinion

CONCURRING STATEMENT BY

LAZARUS, J.:

I concur. In a medical malpractice claim, a plaintiffs cause of action arises wheré the defendants’ alleged negligent acts occurred. It' is where the health care services are furnished, not where the plaintiffs injury occurred. See Pa.R.C.P. 1006(a.1). For venue purposes in a medical malpractice action, the cause of action arises in the county where the negligent act or omission of failing to provide the needed care occurred. Cohen v. Furin, 946 A.2d 125 (Pa. Super. 2008).

Here, a pediatric cardiologist working for St. Christopher’s Hospital, located in Philadelphia, interpreted Plaintiffs Berks County transthoracic echocardiogram (TEE) in Philadelphia County, wrote a report of her findings, billed for her services, and forwarded the results of the test to Plaintiffs treating providers in Berks County. Accordingly, Philadelphia County is where the alleged malpractice occurred; it is where the health care services were rendered to Plaintiff.

Where the review and interpretation of the Berks County TEE took place in Philadelphia, the diagnosis and recommended course of action was rendered by a doctor located in Philadelphia County, and that same Philadelphia doctor did not transmit the results in á timely fashion, venue is proper in Philadelphia. Pa.R.C.P. 1006(a.lj. Because the St. Christopher’s doctor failed to timely transmit her report to the Berks County providers, which recommended Plaintiff receive immediate treatment or intervention at St. Christopher’s Hospital, Plaintiffs treatment was delayed, which ultimately caused him harm. This neglect was neither ministerial, secretarial, nor insignificant. Accordingly, the trial court abused its discretion in sustaining Defendants’ preliminary objections and transferring venue to Berks County.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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