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Jones v. Chidester

610 A.2d 964 (1992)

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Jones v. Chidester

Pennsylvania Supreme Court

610 A.2d 964 (1992)

Facts

Dr. John Chidester (defendant) used a tourniquet to minimize bleeding issues while performing a leg operation on Billy Jones (plaintiff). After the surgery, Jones suffered a nerve injury that caused foot issues. Jones believed the tourniquet had caused the nerve injury, and he sued Chidester for medical malpractice. The two sides each had medical experts who disagreed about whether using a tourniquet in that situation was an acceptable medical practice. The trial court told the jury that Chidester was not liable for medical malpractice if a reputable and respected body of medical experts supported the tourniquet use, even if another body of medical experts would have chosen a different procedure or treatment. The jury found for Chidester, and the claim was dismissed. Jones appealed, arguing that the trial court had erred by saying that the body of experts had to be “reputable and respected.” Jones claimed that the correct standard was whether a considerable number of medical experts approved a given treatment option.

Rule of Law

Issue

Holding and Reasoning (Papadakos, J.)

Concurrence (Zappala, J.)

Concurrence (McDermott, J.)

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