Cliff Rieders, of Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters. Courtesy photo More on Physician or Hospital Liability for Harm to Third Persons
Under Pennsylvania law, when a physician voluntarily undertakes to act within the doctor-patient relationship for the protection of a nonpatient third party, the physician assumes a corresponding duty of reasonable care to any third party who is within the orbit of harm.
November 16, 2023 at 12:25 PM
8 minute read
Sinoracki v. Children's Service Center of Wyoming Valley, 2023 Pa. Super. LEXIS 411 (September 19, 2023) (Murray, J.), addressed the thorny problem of when a health care provider is responsible to third persons, those who are not the patient or the patient's immediate family. At a young age, Z.H. was diagnosed with an inoperable arteriovenous malformation (AVM) in the left occipital region of his brain. An AVM is an abnormal tangle of arteries and veins that can develop in the brain and cause neuropsychological disturbances, including schizophrenic and erratic psychotic behavior. Since his diagnosis, Z.H.'s AVM increased in size, causing vision problems, increased headaches and pain.
On Sept. 11, 2016, Z.H.'s father saw his son leave the front porch and driveway moments before Z.H. entered the Sinoracki family's home and violently assaulted Bobbi Jo, Megan and David Sinoracki with a kitchen steak knife. Shortly thereafter, Z.H.'s father entered the Sinoracki family's home and forcibly restrained Z.H. on a chair in the living room. The police responded to the scene and took Z.H. into custody. Ultimately, David Sinoracki succumbed to his injuries.
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