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Donna C. ERVIN and Donna C. Ervin, Executrix of the Estate of Thomas J. Ervin, Deceased, Appellant,
vs.
AMERICAN GUARDIAN LIFE ASSURANCE COMPANY and Norman S. Knee, D.O., Appellees
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Issues:
Service providers' liability, workers' compensation, policy and procedure, private right of action.
Case Summary:
Donna Ervin appeals a lower court's ruling in her malpractice suit against a doctor who was retained by her husband's employer. Mrs. Ervin filed suit against the physician, claiming the doctor violated his obligation to the doctor-patient relationship when he failed to inform Mrs. Ervin's husband, Thomas, that he identified signs of heart trouble. The doctor allegedly learned of the problem while examining Mr. Thomas in connection to a workers' compensation claim. Mr. Thomas eventually died of a heart attack. Mrs. Thomas' suit claimed the doctor had an obligation to fully inform her husband of his medical status.
Decision of lower jurisdiction:
A trial court ruled that the doctor had no obligation to Mr. Thomas. The court ruled the doctor was retained by Mr. Thomas' employer and had no doctor-patient relationship with Mr. Thomas. Mrs. Thomas now appeals.
Outcome:
Mrs. Thomas loses. The Pennsylvania Supreme Court affirmed the ruling of the trial court.