Monday, July 25, 2016

Judge Gibbons Reaffirms His Corporate Negligence Decision in Med Mal Context

In another decision from Judge James A. Gibbons in the case of Astleford v. Delta Medix, P.C., No. 2015-CV-5134, the court addressed various motions including the Defendant’s Motions for Reconsideration of the court’s prior decision overruling the Defendants’ Preliminary Objections to the Plaintiff’s claims of corporate negligence against a physician’s practice. 

Judge Gibbons reviewed the applicable law the court emphasized that, in reviewing the case before that this Preliminary Objections stage, the Plaintiff had not averred that the Defendants’ function as a mere physician’s office or even as a group of physicians.  

Judge Gibbons reaffirmed his previous holding that the Plaintiff has pled sufficient facts to state a claim for the imposition of corporate negligence against the corporate Defendants.   Judge Gibbons noted that, whether that claim survives throughout the case is a question for another day.   Accordingly, the Defendants’ Motion for Reconsideration was denied.   

Anyone wishing to review Judge Gibbon's decision on the Motions for Reconsideration, may click this LINK.

Judge Gibbons' original decision in this case on these issues can be viewed HERE.

For a recent Opinion by Judge Terrence R. Nealon, also of Lackawanna County, on the same issue in the case of Brink v. Marian Community Hospital click HERE to view that Tort Talk post which contains a Link to that decision.

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