In a case blending medical malpractice, courtroom strategy, and religious observance, the Pennsylvania Superior Court upheld a $4 million verdict against osteopathic physician Dr. Peter Gross on Wednesday, rejecting his appeal over a Yom Kippur-related trial delay request. The court ruled that Gross waited too long to seek a continuance, knowing for 18 months that the trial was set for September 25, 2023—which coincided with the Jewish holy day.
Timing Is Everything: The Court’s Rationale
The panel of judges sharply criticized Gross’ timing, stating he sought a one-day trial postponement just six days before proceedings began. They emphasized that the doctor and his legal team had ample time to raise the issue much earlier.
“Despite having the trial date more than eighteen (18) months in advance, appellants waited until the week before trial to seek a continuance due to an annual Jewish holy day,” the court stated.
However, the ruling clarified that it was not setting a blanket precedent against religious-based trial delays, but rather highlighting Gross’ lack of diligence in making the request in a timely manner.
The Medical Malpractice Case: A Delayed Diagnosis with Devastating Consequences
The lawsuit, filed by Fred DiMeo, stemmed from a 2018 medical crisis. On September 17, 2018, DiMeo called Gross’ office, reporting chest pains. A receptionist informed him that no appointments were available that day. When his symptoms persisted, he called again the next day—but was again turned away, though he was eventually prescribed an electrocardiogram (EKG) and an X-ray.
