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JOSEPH COHEN and GALIT DADOUN-COHEN, Individually and in ...

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disturbed unless “the judgment exercised is manifestly unreasonable, or the result of<br />

partiality, prejudice, bias or ill-will, as shown by the evidence or the record.” Id., cit<strong>in</strong>g<br />

Johns v. First Union Corp., 777 A.2d 489, 491, 2001 PA Super 150 (Pa. Super. 2001),<br />

Zimmerman v. Harleysville Mut. Ins. Co., 860 A.2d 167, 174, 2004 PA Super 383, *22<br />

(Pa.Super. 2004). “[I]f there exists any proper basis for the trial court's decision to grant<br />

the petition to transfer venue, the decision must st<strong>and</strong>.” Krosnowski v. Ward, 836 A.2d<br />

143, 146, 2003 Pa. Super. 414, *4 (Pa.Super. 2003) (en banc).<br />

“For the convenience of parties <strong>and</strong> witnesses the court upon petition of any party<br />

may transfer an action to the appropriate court of any other county where the action could<br />

orig<strong>in</strong>ally have been brought.” Pa.R.C.P. 1006(d)(1). “[A] medical professional liability<br />

action may be brought aga<strong>in</strong>st a health care provider for a medical professional liability<br />

claim only <strong>in</strong> a county <strong>in</strong> which the cause of action arose.” Pa.R.C.P. 1006(a.1), 42<br />

Pa.C.S. § 5101.1(b) (MCARE Act). A “medical professional liability claim” is a “claim<br />

seek<strong>in</strong>g the recovery of damages or loss from a health care provider. . . .” 42 Pa.C.S. §<br />

5101.1(c). A “health care provider” is a “primary health care center, a personal care home<br />

. . . or a person, <strong>in</strong>clud<strong>in</strong>g a corporation, university or other educational <strong>in</strong>stitution<br />

licensed or approved by the Commonwealth to provide health care or professional<br />

medical services as a physician, a certified nurse midwife, a podiatrist, hospital, nurs<strong>in</strong>g<br />

home, birth center, <strong>and</strong> an officer, employee or agent of any of them act<strong>in</strong>g <strong>in</strong> the course<br />

<strong>and</strong> scope of employment. Id. A “primary health care center” is a “community-based<br />

nonprofit corporation” provid<strong>in</strong>g “preventive, diagnostic, therapeutic <strong>and</strong> basic<br />

emergency health care by licensed practitioners.” Id.<br />

5

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