This is a medical malpractice case filed by Joseph Maresca in Pennsylvania

against Dr. Elliot Mancal, a neurologist, and Thomas Jefferson University Hospital

alleging that the latter failed to diagnose him with ankylosing spondylitis and as a result

of such failure, Maresca continued to suffer from such disease and further progression

of such condition. Maresca produced expert report from Dr. Felder to that effect and the

Court ruled that his expert report is sufficient to bar the defendants’ motion for summary

judgment. However, on trial, such expert report was not admitted and not considered

by the jury. Defendants argued that Dr. Felder expert testimony failed to sufficiently

establish the breach of standard of care or the cause of the injury.

As a rule in medical malpractice cases, the plaintiff is required to establish the

duty owed by the attending physician to the patient, a breach of such duty, that such

breach was the proximate cause of the injury suffered and the damages suffered by the

plaintiff were the direct result of such injury. Plaintiff is also required to present an expert

witness. The role of Dr. Felder as an expert witness in this case is to testify with

sufficient degree of medical certainty that there was a breach of standard of care and

such breach was the proximate cause of the injury suffered by Maresca.

The court granted judgment as a matter of law in favor of the defendants for

failure of the expert witness to include in his testimony to any degree of medical

certainty that the defendants breached the standard of care or the cause of the harm

suffered by Maresca. On appeal, the Court of appeals affirmed such judgment finding

that the expert’s failure to sufficiently establish the breach of standard of care and such

is the proximate cause of the injury. Supreme Court issued an order denying a

rehearing of the case.

References

Joseph Maresca v. Elliot Mancall, M.D. and Thomas Jefferson University Hospital.

[2003] EDPA 01-5355. Retrieved 9 September 2007 from

http://www.paed.uscourts.gov/documents/opinions/03D0242P.pdf

Joseph Maresca v. Elliot Mancall, M.D. and Thomas Jefferson University Hospital.

[2005] USCA F3d PA. 04-3103. Retrieved 9 September 2007 from

http://vls.law.villanova.edu/locator/3d/June2005/043103np.pdf