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FERGUSON v. PANZARELLA

549 Pa. 109 (1997)

700 A.2d 927

Lee E. FERGUSON, Appellant, v. Marius H. PANZARELLA, M.D. and Geisinger Medical Group, Appellees.

Supreme Court of Pennsylvania.

Decided September 18, 1997.

Attorney(s) appearing for the Case

Joseph P. Lenahan and Myles P. McAliney, Scranton, for Lee E. Ferguson.

Richard C. Seneca, Etters, Brooks R. Foland, Harrisburg, and David J. Felicio, Lewisburg, for Panzarella, et al.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

ZAPPALA, Justice.

This is a medical malpractice case involving claims of negligence in the performance of surgery and in post-operative care. The trial court granted the defendants a new trial, holding that under Gentile v. Devirgilis, 290 Pa. 50, 138 A. 540 (1927), the issue of negligent after-care should not have gone to the jury. The Superior Court affirmed, 445 Pa.Super. 23,

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