Supreme Court of Pennsylvania, 2012

Hamot Medical Center v. Medical Care Availability & Reduction of Error Fund

Supreme Court of Pennsylvania · Decided May 30, 2012 · Castille, Eakin, Files, Melvin

616 Pa. 121; 46 A.3d 693; 2011 WL 7971652; 2012 Pa. LEXIS 1262

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 30th day of May, 2012, the order of the Commonwealth Court is REVERSED, and the matter is *122remanded for judgment in favor of Appellant. See Yussen v. MCARE Fund, 616 Pa. 108, 46 A.3d 685 (2012).

Justice ORIE MELVIN did not participate in the decision of this case. Justice EAKIN files a dissenting statement in which Chief Justice CASTILLE joins.

Dissenting Opinion

Justice EAKIN,

dissenting.

As the disposition in this case is based on the opinion in Yussen v. MCARE Fund, 616 Pa. 108, 46 A.3d 685 (2012), to which I dissented, I respectfully dissent, for the same reasons, to the reversal of the Commonwealth Court’s order in this matter.

Chief Justice CASTILLE joins this dissenting statement.

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