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LESKO v. FRANKFORD HOSPITAL-BUCKS COUNTY

No. 104 MAP 2009, 105 MAP 2009.

11 A.3d 917 (2011)

Jeanne LESKO, as Executrix of the Estate of Kathleen Bernath, Appellee v. FRANKFORD HOSPITAL-BUCKS COUNTY, Frankford Healthcare System, Inc., Jefferson Health System, Inc., Frankford Hospitals, Appellants. Jeanne Lesko, as Executrix of the Estate of Kathleen Bernath, Appellee v. Frankford Hospital-Bucks County, Frankford Healthcare System, Inc., Jefferson Health System, Inc., Frankford Hospitals, Appellants.

Supreme Court of Pennsylvania.

Decided January 19, 2011.

Attorney(s) appearing for the Case

Bruce W. Kauffman , Philadelphia, John M. Elliott , Elliott Greenleaf & Siedzikowski, P.C., Stewart John Greenleaf, Jr. , Frederick P. Santarelli , Blue Bell , Robert C. Daniels , Philadelphia, for Frankford Hospital-Bucks County, Frankford Healthcare System, Inc., et al.

Thomas R. Kline , Andrew Joseph Stern , Charles Lyman Becker , Kline & Specter, P.C., Philadelphia, for Jeanne Lesko.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice EAKIN.

In 2004, Kathleen Bernath brought a medical malpractice claim against appellants for injuries sustained following surgery at Frankford Hospital. In 2005, she entered into a written settlement agreement with appellants. Section 1.4 of the agreement provided, "[Bernath] acknowledges and agrees that the release and discharge set forth above is a general release.. . . The total consideration as outlined in Sections 2.0, 2.1, 2.2...

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