The Pennsylvania Supreme Court is slated to hear the appeal of a medical malpractice case that could usher a controversial defense position back into Pennsylvania courthouses. Depending on the high court’s ruling, Pennsylvania physicians defending against medical malpractice suits may once again be entitled to a jury instruction that “a mere error in judgment” does not constitute negligence. The case being appealed involves a two-month old boy, Anthony Passarello, who underwent multiple treatments for gastroesophageal reflux in 2001. After several …
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