Wednesday, November 12, 2008

Superior Court - JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, the CHESTER COUNTY HOSPITAL FOUNDATION, INC., MAHEEP GOYAL, M. D., EAST MARSHAL

JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, the CHESTER COUNTY HOSPITAL FOUNDATION, INC., MAHEEP GOYAL, M. D., EAST MARSHALL STREET RADIOLOGY and the UNIVERSITY of PENNSYLVANIA d/b/a THE UNIVERSITY of PENNSYLVANIA HEALTH SYSTEM a/k/a THE CLINICAL PRACTICES of the UNIVERSITY OF PENNSYLVANIA a/k/a HOSPITAL of the UNIVERSITY of PENNSYLVANIA: THE TRUSTEES of the UNIVERSITY OF PENNSYLVANIA
No. 773 EDA 206, 1191 EDA 2007 2008 PA Super 268 Atlantic: 961 A.2d 192 Petition for Reargument Denied 12/2/2008 Filed: 11/12/2008

Appeal from the Order Entered March 15, 2006 and April 19, 2007
In the Court of Common Pleas of CHESTER County
Civil at No(s): 05-05122
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD?, BENDER, GANTMAN AND PANELLA JJ.
Opinion by: PANELLA, J.
Concurring and Dissenting Opinion Opinion by: ORIE MELVIN, J.
On March 3, 2003, Jeanelle Toney, then several months pregnant, had a pelvic ultrasound examination performed by Maheep Goyal, M.D., of the Chester County Hospital Department of Radiology. Dr. Goyal informed Toney that the results of the pelvic ultrasound were normal and did not reveal any fetal abnormalities in her unborn child. To her comfort, Toney was advised that her unborn child was normal and healthy.
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