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BOYD v. ALBERT EINSTEIN MED. CENTER

377 Pa.Super. 609 (1988)

547 A.2d 1229

Wayne K. BOYD, in his own right and as Administrator of the Estate of Chardella Boyd, Deceased, and as Parent and Guardian on Behalf of Darren Boyd, and Patrice Boyd, Minor Children of the Deceased, Appellant, v. ALBERT EINSTEIN MEDICAL CENTER, Northern Division, the Health Maintenance Organization of Pennsylvania, David E. Rosenthal, M.D., Perry L. Dornstein, M.D., Erwin Cohen, M.D., Appellees.

Supreme Court of Pennsylvania.

Filed September 22, 1988.

Attorney(s) appearing for the Case

Kenneth W. Richmond, Philadelphia, for appellant.

Nancy L. Siegel, Philadelphia, for Health Maintenance, appellee.

Before McEWEN, OLSZEWSKI and CERCONE, JJ.

OLSZEWSKI, Judge:

This is an appeal from the trial court's order granting summary judgment in favor of defendant/appellee, Health Maintenance Organization of Pennsylvania (hereinafter HMO). Appellant asserts that the trial court erred in granting the motion for summary judgment when there existed a question of material fact as to whether participating physicians are the ostensible agents of HMO. For the reasons...

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