Attorneys, Daniel Margonari, Ira Podheiser, and Dave Johnson, successfully defended an order granting summary judgment for a Pennsylvania hospital in a medical negligence case before the Pennsylvania Superior Court. The case involved a former patient who developed an infection following a knee replacement surgery. Plaintiff’s lawsuit against the hospital sounded in corporate negligence. Primarily, Plaintiff asserted that the hospital failed to maintain and enforce appropriate infection prevention controls, leading to the development of an infection.
Summary judgment was initially granted by Sr. Judge David Grine of the Pennsylvania Court of Common Pleas. In a memorandum opinion, the Superior Court agreed with Judge Grine’s determination that Plaintiff failed to set forth sufficient factual basis for any of the necessary prongs to establish a claim for corporate negligence. The opinion reiterated that plaintiffs pursuing a corporate negligence claim have the burden of presenting evidence that: (1) the hospital deviated from the standard of care; (2) the hospital had actual or constructive notice of the defects or procedures which created the harm; and (3) that the conduct was a substantial factor in bringing about the harm to that specific plaintiff. Significantly, the vague and blanket statements of negligence made by plaintiff’s experts, without any substantive analysis, was not sufficient to meet these elements.
The Superior Court memorandum opinion was authored by Judge Dubow with Judge Murray joining.