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VATTIMO ET AL. v. LOWER BUCKS HOSP., INC.

No. 42 T.D. 1979.

59 Pa.Commw. 1 (1981)

Charles Vattimo and Doris Vattimo, his wife, on their own behalf and Doris Vattimo, as Guardian ad litem for James Thomas Vattimo, an incompetent, Petitioners v. Lower Bucks Hospital Inc., Respondent.

Commonwealth Court of Pennsylvania.

April 24, 1981.

Attorney(s) appearing for the Case

William E. Fairall, Jr., Jackson, Sullivan & Beckert, for petitioners.

Fredric D. Rubin, with him Alan Dion, Durben & Hains, and T. Sidney Cadwallader, Cadwallader, Darlington & Clarke, for respondent.

Argued October 10, 1980, before Judges ROGERS, MacPHAIL and PALLADINO, sitting as a panel of three. Reargued March 3, 1981, before President Judge CRUMLISH and Judges WILKINSON, JR., ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and PALLADINO.

OPINION BY JUDGE ROGERS, April 24, 1981:

Charles and Doris Vattimo (appellants) appeal from an order of the Administrator for Arbitration Panels for Health Care (Administrator) which sustained Lower Bucks Hospital's (hospital) demurrer to the appellants' complaint filed pursuant to the Health Care Services Malpractice Act.1

The factual allegations of the complaint are as follows:

During the night of August 14, 1976, the...

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