Jewish-American doctor cites Yom Kippur court date in appeal on malpractice ruling

In a challenge to a $4.1 million medical malpractice judgment, a Jewish-American physician from Pennsylvania argues that the trial court violated his right to religious freedom by refusing to reschedule the first hearing that fell on Yom Kippur.

The defendant, Dr. Peter Gross, wrote in an appeal to the Pennsylvania Superior Court that he was forced to choose between his right to freely exercise his religion and his right to attend the trial against him, the news site Law Radar reports.

Gross, whom a jury found guilty of malpractice in a lawsuit over his failure to identify the signs of an onset heart attack in a former patient, says in his appeal that the lawsuit against him was filed “in bad faith.” Gross’ former patient, Fred DiMeo, claims to suffer a permanent heart condition because of Gross.

The physician’s lawyers write in his appeal that the doctor had asked the court to delay the start of the procedure from September 2023, as it fell on Yom Kippur, and said he would not be able to appear in court. The claimant’s lawyers opposed the request, arguing that their expert witness was only available that day.

The appeal by Gross recalls how two judges denied his request to reschedule, prompting him to not appear for the proceedings on Yom Kippur.