Pennsylvania Supreme Court to Revisit the “Error in Judgment” Defense

/ 30.May, 2012

Last year, in Passarelo v. Grumbine, a three judge panel of the Superior Court retroactively applied the 2009 ruling in Pringle v. Rapaport, which banned the use of the “error in judgment” defense.  The Supreme Court has now agreed to hear arguments on the retroactivity of the ban, but also on whether whether trial judges ever have discretion to instruct that doctors are not liable for non-negligent errors in judgment.

Josh J.T. Byrne, Esquire (H.T. Jeff McCarron, Esquire)