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RUSSELL v. ALBERT EINSTEIN MED. CENTER

543 Pa. 532 (1996)

673 A.2d 876

Jane RUSSELL, Administratrix of the Estate of Joshua Alexander Russell, Deceased, and Jane Russell, in her own right, Appellant, v. ALBERT EINSTEIN MEDICAL CENTER, NORTHERN DIVISION, and Soleiman Soli, M.D., and Jeffrey Levine, M.D., Appellees.

Supreme Court of Pennsylvania.

Decided March 28, 1996.

Reargument Denied May 31, 1996.

Attorney(s) appearing for the Case

Marc G. Brecher, Philadelphia, for Jane Russell.

David J. Griffith, Howard M. Cyr, III, Philadelphia, for Albert Einstein Medical Center and Jeff Levine, M.D.

Dean F. Murtagh, Philadelphia, for Soleiman Soli, M.D.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This case involves a question of interpretation of Pa.R.C.P. 4020(a)(5): whether a registered nurse may be a "medical witness" whose deposition testimony may be used at trial whether or not the witness is available to testify.1

Appellant Jane Russell entered Albert Einstein Medical Center (AEMC), appellee, in labor with her son Joshua. She was placed under the care of Dr...

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