Judge Ford Elliott, P.J.E., writing for the Superior Court, affirmed the trial court. Lichtenberger v. Geisinger-CMC et. al., (142 MDA 2018)(Mar. 27, 2019). In the underlying matter, MBK obtained a defense verdict in favor of their medical provider clients represented by Frank Brier and Nicholas Kravitz.
On appeal, the Superior Court held that the Plaintiff’s expert witness was appropriately cross-examined on known risks and complications of cardiac bypass surgery even though the Plaintiff did not plead an informed consent claim. Citing Mitchell v. Shikora, 161 A.3d 970 (Pa. Super. 2017). The Superior Court also found that the trial court properly excluded hearsay evidence attributed to a non-party physician. Based on Rules of Evidence 803(4) and (25) the trial court properly decided that the statement was made neither by a patient for the purpose of receiving medical treatment nor by any defendants’ agent.