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SYLVIA A. BUTLER v. ROLLING HILL HOSPITAL (03/07/89)

filed: March 7, 1989.

SYLVIA A. BUTLER, APPELLANT,
v.
ROLLING HILL HOSPITAL, MARIA LIMBERAKIS, D.O., AND K. NIKI COLE, M.D.



Appeal from the judgment entered January 13, 1988 in the Court of Common Pleas, Civil Division, of Philadelphia County, No. 5713 July 1984.

COUNSEL

Leonard N. Ross, Philadelphia, for appellant.

J. Scott Kramer, Philadelphia, for Limberakis, appellee.

Rowley, Wieand and Beck, JJ.

Author: Rowley

[ 382 Pa. Super. Page 331]

This is an appeal from a summary judgment entered in favor of appellee, Maria Limberakis, D.O., (Dr. Limberakis) and against appellant, Sylvia A. Butler, in a medical malpractice action. We affirm.

The relevant facts as stated by the trial court are as follows:

Plaintiff Sylvia Butler went to see [Dr. Limberakis], her family physician, in November of 1983 and complained of swelling in her breasts, an empty feeling and weight gain. [Dr. Limberakis] did not order a pregnancy test as requested by Plaintiff nor did she order one when Plaintiff requested it again in January of 1984. Plaintiff was twenty-four weeks pregnant when the test was later performed.

Plaintiff had undergone a tubal ligation two years prior to this pregnancy. Plaintiff alleges that she did not want more children. She further alleges that it was too late to legally have an abortion performed at the time Plaintiff's pregnancy was confirmed. Thereafter, Plaintiff gave birth to a normal, healthy child.

Plaintiff filed suit against Rolling Hill Hospital and Dr. Limberakis on the basis of failure to properly diagnose her pregnancy. She seeks to recover for the anxiety she experienced and continues to experience, past and future medical costs, pain and suffering, lost earnings and for the expenses of raising her child.

[ 382 Pa. Super. Page 332]

(Trial court Opinion, pp. 1-2).*fn1

Dr. Limberakis filed a motion for summary judgment. The trial court entered summary judgment in her favor on the basis that appellant can recover no damages from Dr. Limberakis because the child was born healthy and the "pregnancy did not give rise to a high decree of medical probability that she would give birth to a disabled or deformed child." (Trial court opinion, p. 2.) The trial court noted that this decision was based on the public ...


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