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MURRAY v. UNIVERSITY OF PENN. HOSP.

340 Pa.Super. 401 (1985)

490 A.2d 839

Brenda MURRAY and Richard Murray, H/W, Appellants, v. UNIVERSITY OF PENNSYLVANIA HOSPITAL and Dr. Steven De Voe and Dr. John E. Hunt and Dr. Cynthia W. Cook and Dr. Luigi Mastroianni, Jr., Appellees. Brenda MURRAY and Richard Murray, H/W v. UNIVERSITY OF PENNSYLVANIA HOSPITAL and Dr. Steven De Voe and Dr. John E. Hunt and Dr. Cynthia W. Cook and Dr. Luigi Mastroianni, Jr. Appeal of UNIVERSITY OF PENNSYLVANIA HOSPITAL and Dr. Cynthia W. Cook.

Supreme Court of Pennsylvania.

Filed February 21, 1985.

Reargument Denied May 3, 1985.

Attorney(s) appearing for the Case

Brian R. Steiner, Philadelphia, for appellants (at 2899) and appellees (at 2968).

Richard A. Kolb, Philadelphia, for appellants (at 2968) and appellees (at 2899).

Before CAVANAUGH, WIEAND and CIRILLO, JJ.

WIEAND, Judge:

The rules of law applicable to this action for breach of an express warranty given in connection with a tubal ligation are fairly well established. The manner in which they should be applied to the facts of the instant action is not so readily apparent because application is shrouded in procedural confusion.

A doctor and patient may, if they choose to do so, contract that a course of treatment will produce a specific result. If that result is...

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