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Legal News Venue Changed after Judge Rules Sending Test Results is not TreatmentThe Philadelphia County Court of Common Pleas recently issued an opinion in support of its order transferring a medical malpractice case to Berks County, holding that sending test results "does not rise to the level of rendering healthcare services" that would make Philadelphia County the proper venue for this case. In Wentzel v. Cammarano, III, DO, et al.,[1] the plaintiff-mother alleged that she received prenatal care at Additionally, the plaintiffs alleged that the infant suffered a broken rib at either Accordingly, Judge Arnold New found that the allegation against St. Christopher’s regarding the broken rib was speculative. Judge New noted that the complaint alleged that St. Christopher’s negligence occurred prior to the infant’s admission there, and that any allegations of professional negligence were stated for the first time in plaintiffs’ response to preliminary objections. As such, the complaint’s only allegations against St. Christopher’s amounted to transmitting test results, which is not rendering healthcare services for purposes of establishing venue. The opinion cites to Cohen v. Furin, 946 A.2d 125, (Pa.Super. 2008) and Bilotti-Kerrick v. St. Luke's Hospital, 873 A.2d 828 (Pa.Super. 2005), both of which held that a doctor's telephone call was insufficient to establish venue in the advising doctor's county. Judge New found that transmitting test results was even further removed from these cases since the question was one of timing, not advice. Transmittal of test results was an administrative function rather than a provision of healthcare services. Accordingly, he entered an order transferring this matter to The plaintiffs appealed this order, and Judge New issued the opinion in accordance with Pennsylvania Rule of Appellate Procedure 1925. [1] Wentzel v. Cammarano, III, DO, et al., |
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