Thursday, May 7, 2020

Judge Nealon Reiterates the Law of Identifying Agents of Hospital in Med Mal Complaints

In the case of Champi v. Geisinger Community Medical Center, No. 19-CV-1780(C.P. Lacka. Co. Feb. 20, 2020 Nealon, J.), the court denied Preliminary Objections filed by a Defendant hospital in this medical malpractice action.

The Defendants were arguing that, where the Plaintiff alleged negligent care at the Defendant hospital’s Scranton and Wilkes-Barre campuses but neglected to identify by name and with specificity which alleged agents who worked at the hospital were negligent, the Defendant was entitled to a dismissal.

This argument was rejected by the court under recent Pennsylvania Superior Court precedent in which it was held that a Plaintiff asserting a vicarious liability claim need not allege the identity of the agents by name.

As such, the court overruled the Defendant’s Preliminary Objections and directed the hospital to seek the requested information by way of pre-trial discovery efforts.

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

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