Wednesday, July 24, 2013

Judge Tereshko Addresses Negligent Infliction of Emotional Distress Claim in Medical Malpractice Action

In a recent Philadelphia County Court of Common Pleas decision in the case of Hinchey v. University of Pa. Health System, PICS Case No. 13-1212 (C.P. Philadelphia Apr. 24, 2013 Tereshko, J.), Judge Tereshko granted a Defendant’s Preliminary Objections to a Plaintiff’s claim for negligent infliction of emotional distress in a medical malpractice action. 

In this matter, the Plaintiff filed a claim for a negligent infliction of emotional distress related to an incident during which her father allegedly fell from an operating table while he was undergoing surgery.  

The Court ruled that the Plaintiff could not sustain such a claim where she did not eyewitness her father fall from the operating table.  Furthermore, the Plaintiff did not establish that she had any special relationship with the Defendant to otherwise support this claim under the applicable law.

Based upon the above, the trial court recommending affirmance the Defendants’ Preliminary Objections in its Rule 1925 Opinion to the Superior Court.  

Anyone desiring a copy of this decision may contact the Instant Case Service of the Pennsylvania Law Weekly at 1-800-276-7427 and pay a small fee.   

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