Pa. Justices Revive Dispute Over Malpractice Insurance Fund

By Matt Fair (August 20, 2013, 3:10 PM EDT) -- The Pennsylvania Supreme Court on Monday revived a dispute over whether a state-managed malpractice insurance fund should provide coverage for two instances of medical malpractice after a jury found a doctor negligent for failing to diagnose bacterial infections in utero in a set of twins.

The justices agreed the Commonwealth Court should not have granted summary judgment in the case, as there was a genuine dispute over whether the infection of each twin in utero constituted a single occurrence of medical malpractice or two.

"The Commonwealth Court erred by granting summary judgment because there is a genuine issue of material fact...

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