Wednesday, June 28, 2017

Western Federal District Court Grants Partial Summary Judgment in Medical Malpractice Case Involving Physician's Assistants

In the Western Federal District Court case of Brogdon v. Correct Care Solutions, LLC, No. 1:16-CV-12 (W.D. Pa. April 21, 2017 Rothstein, J.), the court addressed a Plaintiff’s Motion for Partial Summary Judgment in a wrongful medical malpractice case against private prison healthcare providers involving a case a prisoner’s death allegedly from an undiagnosed case of appendicitis.

In its decision, the court noted that the decedent was only seen by physician assistants and allegedly without any supervision by the supervising physicians.  

After a review of the matter, the court granted the Plaintiff’s Motion for Partial Summary Judgment on the issues of negligence per se for violations of the Medical Practice Act and regulations thereunder relating to the supervisions of physicians assistants.  

While the court granted summary judgment on the issues of a duty of care and a breach thereof, the issue of causation was left for the jury’s decision.  

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Allison S. Lapat, Esquire of the Philadelphia law firm of Stein & Silverman, P.C. for bringing this case to my attention.  

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