ZIEBER v. BOGERT


773 A.2d 758 (2001)

Robert ZIEBER and Sabine Kelischek, M.D., H/W, v. Arthur BOGERT, D.O. and T. Bear G.P. Ltd, T/A Roxborough Family Practice. Appeal of Arthur Bogert, D.O.

Supreme Court of Pennsylvania.

Decided June 19, 2001.


Attorney(s) appearing for the Case

Kim Kocher, Allan H. Starr, Philadelphia, for Arthur Bogert.

Edward L. Currier, for T. Bear G.P. Ltd. Trading as Roxborough Family Practice.

Andrew J. Stern, Philadelphia, for Robert Zieber and Sabine Kalischek, M.D.

Michael J. Foley, Scranton, for Pennsylvania Trial Lawyers Association.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and SAYLOR, JJ.


OPINION

ZAPPALA, Justice.

This appeal presents the issue of whether a plaintiff in a medical malpractice action may introduce, as an element of damages, evidence regarding his increased risk of recurrence of cancer. The Superior Court held that evidence of the future effects of a disease already contracted, such as the probability of metastasis of cancer, is a proper consideration for the jury when awarding damages. For the reasons that follow, we...

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