Tuesday, May 19, 2009

Superior Court - DAVID THIERFELDER AND JOANNE THIERFELDER, H/W v. IRWIN WOLFERT, M.D., AND MEDICAL CENTER AT GWYNEDD AND ABINGTON MEMORIAL HOSPITAL

DAVID THIERFELDER AND JOANNE THIERFELDER, H/W v. IRWIN WOLFERT, M.D., AND MEDICAL CENTER AT GWYNEDD AND ABINGTON MEMORIAL HOSPITAL
No. 571 EDA 2007 2009 PA Super 92 Atlantic: n/a Filed: 5/19/2009

Appeal from the Order entered February 5, 2007
In the Court of Common Pleas of Montgomery County,
Civil, No. 04-03111 (consolidated with 03-11978)
Before: FORD ELLIOTT, P.J., and STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: LALLY-GREEN, J.
Joanne Thierfelder (Wife/Joanne) appeals from an order sustaining preliminary objections and dismissing claims against Irwin Wolfert, M.D. Wife’s complaint essentially alleged that Dr. Wolfert acted negligently when he had a consensual sexual relationship with her for one year while she was his patient and being treated by him for anxiety and depression. As a result of that affair, Wife claimed that she suffered and will continue to suffer significant psychological harm. Because it is alleged that Dr. Wolfert, although a general practitioner, was rendering psychological care to Joanne, we believe that she has a cause of action and therefore reverse the grant of preliminary objections.
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