TONEY v. CHESTER COUNTY HOSP.

NO. 773 EDA 2006, NO. 1191 EDA 2007.

961 A.2d 192 (2008)

Jeanelle Antionette TONEY, Appellant v. CHESTER COUNTY HOSPITAL, the Chester County Hospital Foundation, Inc., Maheep Goyal, M. D., East Marshall Street Radiology and the University of Pennsylvania d/b/a The University of Pennsylvania Health System a/k/a The Clinical Practices of the University of Pennsylvania a/k/a Hospital of the University of Pennsylvania: The Trustees of the University of Pennsylvania Jeanelle Antionette Toney, Appellant v. Chester County Hospital, the Chester County Hospital Foundation, Inc., Maheep Goyal, M. D., East Marshall Street Radiology and the University of Pennsylvania d/b/a The University of Pennsylvania Health System a/k/a The Clinical Practices of the University of Pennsylvania a/k/a Hospital of the University of Pennsylvania: The Trustees of the University of Pennsylvania.

Superior Court of Pennsylvania.

Filed November 12, 2008.


Attorney(s) appearing for the Case

Daniel Biencivenga and Stephen E. Raynes, Philadelphia, for Toney, appellant.

Benjamin A. Post, Berwyn, for Chester County Hospital, appellee.

Arthur B. Keppel, Philadelphia, for Goyal, Univ. of Pennsylvania and Trustees of Univ. of Pennsylvania, appellees.

BEFORE: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BENDER, GANTMAN AND PANELLA JJ.


OPINION BY PANELLA, J.:

¶ 1 On March 3, 2003, Jeanelle Toney, then several months pregnant, had a pelvic ultrasound examination performed by Maheep Goyal, M.D., of the Chester County Hospital Department of Radiology. Dr. Goyal informed Toney that the results of the pelvic ultrasound were normal and did not reveal any fetal abnormalities in her unborn child. To her comfort, Toney was advised that her unborn child was normal and healthy.

¶ 2 Regrettably...

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