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POLYCLINIC v. MEDICAL CARE AVAILABILITY

No. 399 M.D. 2010.

13 A.3d 561 (2011)

POLYCLINIC MEDICAL CENTER, Petitioner v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 4, 2011.

Reconsideration and/or Reargument En Banc Denied February 2, 2011.

Attorney(s) appearing for the Case

Paul R. Walker , Harrisburg, for petitioner.

Christopher J. Knight , Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge PELLEGRINI.

Before the Court is what was originally an appeal of Polyclinic Medical Center (Hospital) from the Medical Care Availability and Reduction of Error Fund's (Mcare) denial of professional liability insurance to Hospital with regard to a claim filed by Elise Lyon, a psychiatric unit patient (Patient), against Hospital following an injury Patient allegedly suffered at the hands of another of Hospital...

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