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MARSHA MORIENS AND DENNIS MORIENS v. ALBERT EINSTEIN HOSPITAL (04/13/87)

filed: April 13, 1987.

MARSHA MORIENS AND DENNIS MORIENS
v.
ALBERT EINSTEIN HOSPITAL, DR. MARK ROSENBERG, DR. LOUIS SCHINFELD, DR. TERRY GERMAN AND DR. LAWRENCE T. FREEDMAN, APPELLANTS



Appeal from the Order entered on July 10, 1985 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1690 December 1980.

COUNSEL

Michael M. Baylson, Philadelphia, for appellants.

Cary L. Sandler, Philadelphia, for appellees.

McEwen, Del Sole and Kelly, JJ.

Author: Del Sole

[ 363 Pa. Super. Page 558]

The instant appeal stems from a malpractice action in which Judgment was entered against Appellees. The facts of the case are as follows. Appellee-wife was under the care of Appellants-obstetricians for her pregnancy. During the last trimester of pregnancy, Appellee visited one of the obstetricians with obvious symptoms of pre-eclampsia. Instead of being hospitalized, Appellee was sent home for bed rest and tranquilizers. While at home, her condition worsened into eclampsia causing violent convulsions, during which, she dislocated her jaw. As a further result of eclampsia, Appellee developed a permanent hypertensive condition and a diminution of eyesight. To avoid suffering from eclampsia again, Appellee subsequently submitted to sterilization. Consequently, Appellees, Marsha and Dennis Moriens, brought this malpractice action.

Appellants conceded their negligence at trial and the trial court directed a verdict in favor of Appellees for the dislocated

[ 363 Pa. Super. Page 559]

    jaw. The jury returned a verdict in favor of Appellees for $300,000.00, to which was added $120,505.61 Rule 238 Delay Damages, for a total of $420,505.61. Post-trial motions were filed and were later denied by the trial court. This timely appeal followed.

Appellants present three issues for our consideration:

A. whether the court erred in granting a directed verdict for Appellees on the issue of the causation of Mrs. Morien's dislocated jaw;

B. whether the trial court erred by instructing the jury that expert testimony was not needed to establish the causation of Mrs. Morien's decision to become sterilized; and,

C. whether Dr. Sweeney, Appellees' medical expert, offered testimony which was so vague, uncertain, and misleading as to require a ...


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