GBUR v. GOLIO

No. 23 WAP 2008.

963 A.2d 443 (2009)

Rowena J. GBUR, Executrix of the Estate of Joseph Gbur, Jr., Deceased, and Rowena J. Gbur in her own Right, Appellees v. Anthony GOLIO, M.D., Appellant.

Supreme Court of Pennsylvania.

Decided January 28, 2009.


Attorney(s) appearing for the Case

Jeanette Hsin Ho, Louis C. Long, Pietragallo, Gordon, Alfano, Bosick & Raspanti, L.L.P., Pittsburgh, for Anthony Golio, M.D., appellant.

Robert B. Hoffman, WolfBlock, L.L.P., Harrisburg, for PA Medical Society, appellant amicus curiae.

Darryl R. Slimak, McQuade Blasko Law Offices, State College, for the PA Defense Institute, appellant amicus curiae.

Christopher C. Rulis, O'Brien, Rulus & Bochicchio, L.L.C., Pittsburgh, for Medical Care Availability and reduction of Error Fund, appellee.

Mark J. Homyak, Pittsburgh, for Rowena J. Gbur, appellee.

Raymond Michael Bily, Linda McGrier, Reiff & Bily, Philadelphia, for appellee amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and GREENSPAN, JJ.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice SAYLOR.

We allowed appeal to address the MCARE Act's same-subspecialty requirement pertaining to the admission of expert testimony to establish the standard of care in a medical malpractice action. Although the Court is unanimous as to the result, it is equally divided concerning the appropriate reasoning. This opinion, supported by three of six participating Justices, turns on issue preservation...

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