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Lori A. anderson, As Administratrix of the Estate of Mildred L. v. Gary L. Mcafoos

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


January 28, 2011

LORI A. ANDERSON, AS ADMINISTRATRIX OF THE ESTATE OF MILDRED L. ANDERSON, DECEASED, AND RICHARD C. ANDERSON, INDIVIDUALLY, PETITIONERS
v.
GARY L. MCAFOOS, M.D., INDIVIDUALLY AND WARREN SURGEONS, INC., RESPONDENTS

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 28th day of January 2011, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

a. When should the defendant raise an objection to the plaintiff's expert's qualifications under the MCARE Act?

b. Whether a board certified pathologist may, under Section 512 of the MCARE Act, testify regarding a general surgeon/treating physician's standard of care in deciding to discharge a patient without reading the patient's blood work results?

This case is to be consolidated for oral argument with 1 EAP 2011.

20110128

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