WARREN v. FOLK


886 A.2d 305 (2005)

Lester M. WARREN, Executor of the Estate of Barbara J. Warren & Lester M. Warren, in His Own Right, Appellant, v. Mark E. FOLK, D.O.; Schaefferstown Family Practice; Good Samaritan Hospital of Lebanon; Alice Roach, MD; Marianne Webster, MD; Pennsylvania Farm Bureau; Capital Blue Cross; Blue Cross & Blue Shield Assoc.; Highmark Blue Shield Assoc.; Keystone Health Plan Central; Dow Corning; Hershey Medical Center/University Hospital; and Stephen H. Miller, MD, Appellees.

Superior Court of Pennsylvania.

Filed October 28, 2005.


Attorney(s) appearing for the Case

William Z. Warren, Bethel, for Warren, appellant.

Shawn J. Mumford, Harrisburg, for Folk, appellee.

Michael C. Mongiello, Camp Hill, for Roach and Webster, appellees.

Megan R. Ford, Lancaster, for Schaefferstown and Good Samaritan, appellees.

James M. Horne, State College, for Hershey Med. Center and Miller, appellees.

BEFORE: HUDOCK, BOWES and BECK, JJ.


OPINION BY BECK, J.:

¶ 1 In this medical malpractice action, appellant-plaintiff challenges the constitutionality of the requirement for a certificate of merit under Pennsylvania Rule of Civil Procedure 1042.3 when the alleged malpractice occurred prior to the effective date of the Rule. We affirm the judgment of non pros in favor of the appellee-defendants.

¶ 2 Appellant-plaintiff's decedent died...

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