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LIRA v. ALBERT EINSTEIN MED. CENTER

384 Pa.Super. 503 (1989)

559 A.2d 550

Bonnie B. LIRA and Jose Lira, h/w v. ALBERT EINSTEIN MEDICAL CENTER. Appeal of Jose LIRA in his own Right and as Administrator of the Estate of Bonnie B. Lira. Bonnie B. LIRA and Jose Lira, h/w v. Gary PEARLSTEIN, M.D. Appeal of Jose LIRA. Bonnie B. LIRA and Jose Lira, h/w, Appellees, v. Gary PEARLSTEIN, M.D., Appellant.

Supreme Court of Pennsylvania.

Filed May 25, 1989.

Attorney(s) appearing for the Case

Jayne A. Piarulli, Philadelphia, for appellant (at Nos. 2090 and 2091) and appellee (at No. 2338).

Charles A. Fitzpatrick, III, Philadelphia, for appellee (at Nos. 2090 and 2091) and appellant (at No. 2338).

Before CAVANAUGH, WIEAND and MELINSON, JJ.

WIEAND, Judge:

In this medical malpractice action, the trial court awarded a new trial on motion of the defendant-health care providers because of an erroneous evidentiary ruling which permitted a witness to testify that when the plaintiff-patient was examined by a non-testifying physician, the physician asked, "Who's the butcher who [did] this?" On appeal, the plaintiffs argue that the physician's declaration...

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