PA Superior Court Reverses Grant of Summary Judgment Based on Gross Negligence Where Expert Opinions Are Sufficiently Supported by the Record.

The Superior Court of Pennsylvania found that a grant of summary judgment in favor of the defendant-hospital was improper where the medical records, in the light most favorable to the plaintiff, created genuine issues of material fact regarding whether there was a gross deviation from the standard of care. 

In vacating the trial court’s order, the Superior Court disagreed with the trail court insofar that the plaintiff’s experts failed to provide sufficient evidence to support their conclusions regarding gross negligence. 

Further, in determining there was sufficient evidence for the opinions of the plaintiff’s experts, the Superior Court restated that where an expert’s conclusions are supported by the record, a trial court may not sua sponte criticize the expert’s opinions in an order or on summary judgment as that is a question of fact and credibility for the fact finder to determine. 

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