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MITZELFELT v. KAMRIN

526 Pa. 54 (1990)

584 A.2d 888

Nancy F. MITZELFELT and Lewis Mitzelfelt, Appellants, v. Robert KAMRIN, M.D., Earle Andre Wootton, Co-executor of the Estate of Robert S. Andre, M.D., Deceased, Fidelity Bank, Co-executor of the estate of Robert S. Andre, M.D., Deceased, Neurosurgical Associates, and Riddle Memorial Hospital, Appellees.

Supreme Court of Pennsylvania.

Decided December 27, 1990.

Attorney(s) appearing for the Case

James E. Beasley, Barbara R. Axelrod, for appellants.

Barton L. Post, William F. Sullivan, Jr., for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY, Justice:

The issue before this court is what standard of proof is required in medical malpractice cases when there is a percentage of risk that that harm would occur, even in the absence of negligence. Although we believe that this issue has been adequately addressed in the case of Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978), and its progeny, we...

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