Philadelphia County court ruled favorably in negligence suit for hospital client

Oct 31, 2012 | News

A Philadelphia County court ruled favorably in a case where a hospital client, along with an affiliated physician and a nonprofit organization, were facing allegations of pneumonia diagnosis and treatment failure that ultimately caused a patient’s death. Represented by Member Stuart T. O’Neal and Associate Anne P. Schmidt, the hospital and its corporate entity were being sued by the deceased’s descendent under theories of vicarious liability and corporate liability. In two separate counts, plaintiff alleged a host of failures, including failure to: obtain appropriate consultations, appropriately supervise nurses and residents, hire competent physicians and staff, and ensure quality medical care.

In the first order, the court sustained Mr. O’Neal’s and Ms. Schmidt’s preliminary objections, striking plaintiff’s claims of corporate negligence, vague allegations of agency and over 50 vague allegations of negligence from plaintiff’s amended complaint.

In the second order, the court granted a motion to enter a judgment of non pros on plaintiff’s claims of corporate negligence, where plaintiff failed to file timely certificates of merit for claims of corporate negligence. As a result, plaintiff’s claims of corporate negligence were dismissed with prejudice.

Note: The results obtained in a particular case are, of course, always heavily dependent on the facts and the law specific to that case.