Twyman, J. v. Wiedemann, A.
1063 EDA 2023
| Pa. Super. Ct. | Oct 8, 2024Background
- John L. Twyman, acting pro se, sued Dr. Anne Wiedemann (now Tenthoff), Family Practice of Willow Grove, and Abington Memorial Hospital for alleged failure to diagnose pernicious anemia, resulting in serious health issues.
- Dr. Tenthoff served as Twyman's primary care doctor between 2007 and 2017, regularly treating him for various issues, predominantly high blood pressure.
- In December 2014, Twyman faxed abnormal lab results to Dr. Tenthoff, who took no further action as hemoglobin levels were normal and no symptoms suggested pernicious anemia.
- In early 2017, Twyman experienced worsening symptoms, culminating in an emergency room diagnosis of pernicious anemia.
- Twyman filed suit asserting professional negligence, intentional infliction of emotional distress (IIED), vicarious liability, and sought punitive damages.
- The trial court granted a compulsory nonsuit after Twyman failed to present requisite expert testimony on the standard of care, causation, or extreme and outrageous conduct, and Twyman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compulsory nonsuit on malpractice | Dr. Levin provided standard of care and causation testimony, meeting prima facie case requirements | Expert failed to opine on standard of care, breach, or causation with certainty | Nonsuit affirmed; requisite expert testimony was lacking |
| Refusal to remove nonsuit/new trial | Evidence supported a prima facie case for malpractice so new trial was warranted | Failure to provide qualified expert testimony required for malpractice claims | Denial of post-trial relief affirmed |
| Dismissal of IIED and punitive damages | Dr. Tenthoff’s actions were reckless and caused severe emotional distress | No extreme or outrageous conduct as required by law | Dismissal affirmed; conduct was not legally extreme or outrageous |
Key Cases Cited
- Baird v. Smiley, 169 A.3d 120 (Pa. Super. 2017) (sets standard for reviewing compulsory nonsuits and plaintiff’s evidentiary burden)
- Carrozza v. Greenbaum, 866 A.2d 369 (Pa. Super. 2004) (discusses elements and proof for medical malpractice)
- Jordan v. Pennsylvania State University, 276 A.3d 751 (Pa. Super. 2022) (discusses standards for IIED claims)
- DiGregorio v. Keystone Health Plan East, 840 A.2d 361 (Pa. Super. 2003) (punitive damages must be tied to an underlying cause of action)