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VICARI v. SPIEGEL

Nos. 17 EAP 2009, No. 18 EAP 2009.

989 A.2d 1277 (2010)

Joseph VICARI as Administrator of the Estate of Barbara Vicari, Deceased v. Joseph R. SPIEGEL, M.D., Pramila Rani Anne, M.D. and Jefferson Radiation Oncology Associates. Appeal of Joseph R. Spiegel, M.D. Joseph Vicari as Administrator of the Estate of Barbara Vicari, Deceased v. Joseph R. Spiegel, M.D., Pramila Rani Anne, M.D. and Jefferson Radiation Oncology Associates. Appeal of Pramila Rani Anne, M.D. and Jefferson Radiation Oncology Associates.

Supreme Court of Pennsylvania.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Bartholomew C. Tuttle, Paul E. Peel, O'Brien & Ryan, L.L.P., Plymouth Meeting, for Pramila Rani Anne, M.D. and Jefferson Radiation Oncology Associates.

Robert B. Hoffman, Eckert Seamans Cherin & Mellott, LLC, Harrisburg, for Amicus Curiae Pennsylvania Medical Society.

Fredric L. Goldfein, Deborah Marie Knight, Goldfein & Joseph, P.C., Philadelphia, for Joseph R. Spiegel.

Stephen Edward Raynes, Gerald A. McHugh, Jr., Raynes McCarty, Philadelphia, for Joseph Vicari.

George Gerasimos Rassias, Media, Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C., for Amicus Curiae Pennsylvania Association for Justice.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice McCAFFERY.

The issue before the Court in this case concerns the qualifications an expert witness must possess in order to testify regarding the standard of care in a medical professional liability case against a physician, pursuant to the Medical Care Availability and Reduction of Error ("MCARE") Act.1

Joseph Vicari ("Appellee") brought a medical professional liability claim against Joseph R. Spiegel...

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