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DINARDO v. KOHLER

No. 22 EAP 2022 No. 23 EAP 2022.

304 A.3d 1187 (2023)

Sandra DINARDO a/k/a Sandra Affatato, as Power of Attorney on Behalf of Cosmo Dinardo, Appellant v. Christian KOHLER, M.D., Hospital of the University of Pennsylvania, University of Pennsylvania Health System and Trustees of the University of Pennsylvania, Appellees. Sandra Dinardo a/k/a Sandra Affatato, as Power of Attorney on Behalf of Cosmo Dinardo, Appellant v. Christian Kohler, M.D., Hospital of the University of Pennsylvania, University of Pennsylvania Health System and Trustees of the University of Pennsylvania, Appellees.

Supreme Court of Pennsylvania.

Decided: November 22, 2023.

Attorney(s) appearing for the Case

James E. Beasley Jr., Esq. , Andrew Michael Marth, Esq. , Dionysios G. Rassias, Esq. , The Beasley Firm, LLC, for Appellant.

Richard Stephen Margulies, Esq. , Burns White, LLC, Marcel S. Pratt, Esq. , Burt M. Rublin, Esq. , Christina Gill Tershakovec, Esq. , James Young, Esq. , Ballard Spahr, LLP, for Appellees.

Bethan Rhian Jones, Esq., Kellogg, Hansen, Todd, Figel & Frederick PLLC, for Appellee Amici Curiae American Psychiatric Association, Pennsylvania Psychiatric Association.

David Edwin Loder, Esq., Sean Shafiq Zabaneh, Esq., Duane Morris LLP, Andrew Ronald Sperl, Esq., for Appellee Amicus Curiae Hospital and Healthsystem Association of Pennsylvania.

Corrie Allen Woods, Esq., Woods Law Offices PLLC, for Appellee Amici Curiae Pennsylvania Coalition for Civil Justice Reform, American Medical Association, Pennsylvania Medical Society, Philadelphia Medical Society, Curi, American Property Casualty Insurance Association.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

Cosmo DiNardo ("DiNardo"), who suffers from various mental infirmities, confessed to killing four individuals, and pleaded guilty to four counts of first-degree murder. He subsequently filed a complaint against his treating psychiatrist and health care providers, claiming that his criminal...

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