Thursday, September 7, 2017

Several Medical Malpractice Issues Addressed by Judge Nealon of Lackawanna County

In the case of Hughes v. Wilkes-Barre Hospital Company, N. 2016-CV-6463 (C.P. Lacka. Co. Aug. 14, 2017 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed several issues in a medical malpractice action including issues of allegedly improper venue, corporate negligence theory, agency law questions, and punitive damages issues. 
Of note, the court found the venue was proper in Lackawanna County based upon the existence of proper venue over the Lackawanna County Hospital and given the Plaintiffs’ assertion of joint and several liability against all named Defendants.  
Judge Terrence R. Nealon
Lackawanna County
The court additionally found that the Plaintiff stated valid causes of action for corporate negligence against the hospital Defendants along with valid claims for vicarious liability based upon the ostensible agency standard set forth in the MCARE Act.  
The court also reviewed the validity of claims of punitive damages pled in the case in form of allegations of recklessness and wanton conduct.  

Anyone wishing to review a copy of this decision may click this LINK. 


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