Thursday, October 5, 2017

Preliminary Objections Against Agency Allegations in Medical Malpractice Complaint Denied

In the case of Chairge v. Geisinger Community Medical Center, No. 2017 - CV - 1851 (C.P. Lacka. Co. Sept. 22, 2017 Nealon, J.), the court addressed preliminary objections in a medical malpractice action in which the defendants asserted that a plaintiff's agency allegations must be stricken unless the Complaint identifies the defendants' actual or ostensible agents by name, sets forth those agents' authority, and avers how the agents' alleged conduct fell within the scope of that authority or was otherwise ratified by the defendant principal.

The preliminary objections were denied after the court emphasized that the Pennsylvania Superior Court ruled three years ago in the case of Sokolsky v. Eidelman, 93 A.3d 858 (Pa. Super. 2014) that a plaintiff is not barred from asserting a vicarious liability claim against a defendant simply because the alleged agent was not named in the Complaint.

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

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