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QUINBY v. PLUMSTEADVILLE FAMILY PRACTICE

907 A.2d 1061 (2006)

Patricia QUINBY, Executrix of the Estate of John Quinby, Deceased v. PLUMSTEADVILLE FAMILY PRACTICE, INC., d/b/a Plumsteadville Family Practice, and Charles Burmeister, M.D., and Millie Welsh, R.N. Appeal of Millie Welsh, R.N. Patricia Quinby, Executrix of the Estate of John Quinby, Deceased v. Plumsteadville Family Practice, Inc., d/b/a Plumsteadville Family Practice, and Charles Burmeister, M.D., and Millie Welsh, R.N. Appeal of Charles Burmeister, M.D.

Supreme Court of Pennsylvania.

Resubmitted September 28, 2006.

Decided October 18, 2006.

Attorney(s) appearing for the Case

James Michael Doyle, Esq., Post & Schell, P.C., Sheila Ann Haren, Esq., Post & Schell, P.C., Philadelphia, for Millie Welsh.

Eric G. Zajac, Esq., The Zajac Law Firm, L.L.C., Philadelphia, for Patricia Quinby.

William H. Pugh, IV, Esq., Kane, Pugh, Knoell, Troy & Kramer, L.L.P., Norristown, for Plumsteadville Family Practice, Inc., (d/b/a "Plumsteadville Family Practice").

James P. Kilcoyne, Esq., Kilcoyne & Associates, L.L.C., John Joseph Leo, III, Esq., Kilcoyne & Nesbitt, L.L.C., for Charles Burmeister, M.D.

James P. Kilcoyne, Esq., Kilcoyne & Associates, L.L.C., John Joseph Leo, III, Esq., Kilcoyne & Nesbitt, L.L.C., for Charles Burmeister, M.D.

James Michael Doyle, Esq., Sheila Ann Haren, Esq., Post & Schell, P.C., Philadelphia, for Millie Welsh.

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice BAER.

John Quinby (Decedent), a quadriplegic, suffered injures, which allegedly eventually resulted in his death, when he fell from an examination table while unattended after a minor operative procedure performed by Dr. Charles Burmeister, assisted by Millie Welsh (Nurse Welsh), in the offices of Plumsteadville Family Practice.1 In the subsequent medical malpractice action filed by his widow and executrix...

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