09/10/2026
The Pennsylvania Superior Court determined a new trial on causation and damages was necessary in a malpractice suit against a chiropractor because the trial court refused to instruct jurors about the increase of harm doctrine.
"[T]he increased risk of harm instruction is necessary to avoid imposing on plaintiffs a potentially impossible burden of proving causation where the defendant’s misfeasance is one of several factors that might have contributed to the plaintiff’s injury," Judge Victor P. Stabile wrote in the opinion.
Andrew Marth of the Beasley Firm, in Philadelphia, represents plaintiff Ryan Smith, while Mark Merlini of Marks, O'Neill, O'Brien, Doherty & Kelly represents defendant Andrew Timar.
From reporter Riley Brennan: 🔗 https://www.law.com/thelegalintelligencer/2026/09/10/jury-instruction-failure-leads-pa-appeals-court-to-revive-stroke-related-malpractice-claims/
