TROXEL v. A.I. DUPONT INSTITUTE


450 Pa.Super. 71 (1996)

675 A.2d 314

Grace and Daniel TROXEL, Administrators of the Estate of Trevor Robert Troxel, Deceased, Appellants, v. A.I. DUPONT INSTITUTE, Ches-Penn Health Services, Inc. and Kevin Browngoehl, M.D.

Superior Court of Pennsylvania.

Filed April 17, 1996.


Attorney(s) appearing for the Case

Nancy L. Goldstein, Philadelphia, for appellants.

Jay Lambert, Philadelphia, for Ches-Penn Health Services, appellee.

Joseph H. Foster, Philadelphia, for Browngoehl, appellee.

Before KELLY, FORD ELLIOTT and OLSZEWSKI, JJ.


FORD ELLIOTT, Judge:

In this admittedly tragic case, we are asked to decide, under Pennsylvania law, the nature and extent of a physician's duty to third persons when the physician undertakes the treatment and care of a patient with a contagious disease. Instantly, the trial court determined as a matter of law that a doctor has no duty to warn a patient with a highly contagious but ubiquitous viral infection that the patient should avoid contact with pregnant women...

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