B.K. v. Chambersburg Hospital

834 A.2d 1178 (2003)

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B.K. v. Chambersburg Hospital

Pennsylvania Superior Court
834 A.2d 1178 (2003)

Facts

B.K. was 13 months old and suffered a seizure. His parents brought him to Chambersburg Hospital (the hospital) (defendant) for treatment. The paged doctor did not arrive to treat B.K. until an hour later. B.K.’s family (the family) (plaintiffs) sued the hospital for medical malpractice. The family sought to call Dr. Bonforte as an expert witness to testify regarding the standard of emergency-room care for pediatric seizures. Bonforte had two years of experience as an emergency-room doctor at the beginning of his career approximately 30 years before this proceeding. Further, Bonforte had spent four years as a member of the Special Emergency Room Oversight Committee at another hospital. Bonforte was also a division chief of pediatric ambulatory care from 1972 to 1982. Finally, Bonforte was the chairman of pediatrics at a respected hospital in New York City. The hospital filed a motion to exclude the testimony. The trial court granted the motion, ruling that Bonforte did not have sufficient recent experience dealing with emergency-room care for pediatric seizures but only worked in that field in a general, supervisory manner. The family appealed.

Rule of Law

Issue

Holding and Reasoning (Stevens, J.)

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