Corrado v. Thomas Jefferson University Hospital

790 A.2d 1022
CourtSuperior Court of Pennsylvania
DecidedDecember 19, 2001
StatusPublished
Cited by57 cases

This text of 790 A.2d 1022 (Corrado v. Thomas Jefferson University Hospital) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corrado v. Thomas Jefferson University Hospital, 790 A.2d 1022 (Pa. Ct. App. 2001).

Opinion

BECK, J.:

¶ 1 This is an appeal and cross-appeal from an order which granted in part and denied in part appellant Joseph A. Corra-do’s motion for post-trial relief. In its order the trial court granted a new trial as to appellee/cross-appellant Thomas Jefferson University Hospital (the “Hospital”), and denied a new trial and a request to remove non-suit made by Corrado as to appellees Herbert E. Cohn, M.D. and John R. Cohn, M.D. For the reasons that follow, we affirm.

—Facts and Procedure—

¶ 2 In this medical malpractice case Cor-rado alleged that the appellee doctors failed to timely diagnose his wife Joanne K. Corrado’s recurrence of lung cancer. Mrs. Corrado was initially diagnosed with lung cancer in April 1992. At that time she was scheduled by Dr. Giancarlo Baro-lat for a cervical fusion when he detected a problem with her chest x-ray. She was referred to Dr. John Cohn, a pulmonologist who referred her to Dr. Herbert Cohn, a thoracic surgeon, for surgery. Following a lung lobectomy in May of 1992, Mrs. Corrado continued her followup care with Dr. John Cohn and Dr. Herbert Cohn. For the next two years Mrs. Corrado suffered from a persistent cough. Numerous diagnostic tests were performed on Mrs. Corrado to detect the presence of cancer. However, according to her treating physicians, the tests were negative. In particular, in May 1993, a CT scan was performed on Mrs. Corrado at Thomas Jefferson University Hospital. The CT scan was interpreted by Dr. Alfred Kurtz, a Hospital radiologist. Dr. Kurtz’s report indicated no cancer cells were present. In September 1993, Dr. Barolat and Dr. Joseph M. Cotier performed a cervical fusion on Mrs. Corrado. Subsequently, malignant cells were detected during a bronchoscopy performed by Dr. John Cohn in April 1994. Soon thereafter Mrs. Corrado sought a second opinion from Dr. Luther Brady. Dr. Brady reviewed the results of Mrs. Corrado’s past diagnostic tests, and concluded that the May 1993 CT scan showed a recurrence of cancer.

¶ 3 Mrs. Corrado filed this medical malpractice action in April 1996. After Mrs. Corrado died on September 4, 1996, a wrongful death/survival action followed. The case proceeded to trial on September 10, 1999. Dr. Barolat and Dr. Cotier were dismissed by stipulation of the parties at the outset of trial. At trial Corrado presented documentary evidence and the testimony of several witnesses including Robert DeJager, M.D. and Luther Brady, M.D., as well as John Cohn, M.D. and Herbert Cohn, M.D., on cross-examination. Following Corrado’s case in chief, each of the appellees motioned for compulsory non-suit. The trial court granted each appellees’ motion for non-suit. Corrado filed a motion for post-trial relief, requesting the court to remove the non-suits and grant a new trial because of alleged errors. The trial court issued an order dated March 31, 2000, granting Corrado a new trial as to the Hospital. However, the trial court denied Corrado’s request for a new trial and removal of the non-suit as to appellees Dr. Herbert Cohn and Dr. John *1027 Cohn. The Hospital filed an appeal. Cor-rado also appealed the trial court’s order,

—New Trial Against Hospital—

¶ 4 We will first address the issues raised by the Hospital. The Hospital maintains the trial court erred in removing a non-suit and granting a new trial against it. Preliminarily, we note that a trial court has broad discretion to grant or deny new a trial. Harman v. Borah, 562 Pa. 455, 465, 756 A.2d 1116, 1121-1122 (2000). Absent a clear abuse of discretion by the trial court, appellate courts must not interfere with a court’s authority to grant or deny a new trial. Id.

¶ 5 The Hospital first argues the requisite expert evidence against it was lacking. At trial, Corrado’s theory of liability against the Hospital was based upon the alleged negligence of its agent, radiologist Dr. Kurtz, who read and prepared a report of the CT scan of the decedent taken in May of 1993. At trial, Corrado offered the testimony of Dr. Robert DeJager, who was asked if he had an opinion based upon his review of the decedent’s medical records whether the Hospital’s radiologist who read the May 1993 CT scan films deviated from the acceptable standard of medical care. Counsel for the Hospital and Dr. John Cohn objected on the basis of Dr. DeJager’s lack of qualifications to testify regarding the standard of care of radiologists. The trial court sustained the objection, finding that because Corrado only qualified Dr. DeJager in the areas of internal medicine and oncology, plaintiffs expert was unqualified to testify about the standard of care in radiology. As a result of the absence of any expert testimony from Corrado on the issue of the liability of the Hospital, the trial court entered non-suit in favor of the Hospital. Upon reviewing Corrado’s post-trial motions the trial court determined that it had erred in precluding Dr. DeJager from testifying regarding the standard of care of radiologists. Therefore, the trial court granted a new trial as to the Hospital.

¶ 6 On appeal, the Hospital submits that Corrado was not entitled to a new trial on this issue. The Hospital maintains that Dr. DeJager had no qualifications on the issue of reading and interpreting CT scans or the standard of care concerning radiologists. We disagree.

[I]t is well established in this Commonwealth that the standard for qualification of an expert witness is a liberal one. The test to be applied when qualifying an expert witness is whether the witness has any reasonable pretension to specialized knowledge on the subject under investigation. If he does, he may testify and the weight to be given to such testimony is for the trier of fact to determine.

McClain v. Welker, 761 A.2d 155, 156-57 (Pa.Super.2000)(citing Miller v. Brass Rail Tavern, 541 Pa. 474, 664 A.2d 525, 528 (1995)). In the area of medicine, specialties sometimes overlap and a practitioner may be knowledgeable in more than one field. Bindschusz v. Phillips, 771 A.2d 803, 809 (Pa.Super.2001). While different doctors will have different qualifications and some doctors are more qualified than others to testify about certain medical practices, it is for the jury to determine the weight to be given to expert testimony in fight of the qualifications shown by the expert witness. Montgomery v. South Philadelphia Medical Group, Inc., 441 Pa.Super. 146, 656 A.2d 1385, 1388-1389 (1995). Whether a witness has been properly qualified to give expert witness testimony is vested in the discretion of the trial court. West Philadelphia Therapy Center v. Erie Insurance Group, 751 A.2d 1166, 1168 (Pa.Super.2000).

*1028 ¶ 7 Dr. DeJager testified that he specialized in internal medicine and medical oncology, and was board certified -in those areas. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
790 A.2d 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corrado-v-thomas-jefferson-university-hospital-pasuperct-2001.