Wednesday, June 26, 2024

Demurrers to Medical Malpractice Complaint Overruled

In the case of Polanco v. Lehigh Valley Health Network, Inc., No. 2023-CV-1001 (C.P. Lacka. Co. June 7, 2024 Nealon, J.), the court addressed various Preliminary Objections filed in a medical malpractice case.

This case involved a case brought by the parents of a child reportedly suffering from cerebral palsy and brain damage due to alleged medical malpractice by various Defendants.

The Defendants filed Preliminary Objections on various grounds including a demurrer to the parents’ vicarious liability claims, allegations of reckless conduct, and claims for punitive damages.

The hospital Defendant also raised challenges to the legal sufficiency of the parent’s vicarious liability claim due to the parents’ failure to identify the hospital’s agents by name and to specify their agency authority.

All of the Preliminary Objections asserted by the various Defendants were overruled by the court.

Generally speaking, the court found that the Plaintiff had alleged specific facts to support the claims presented. The court also found that the factual allegations in the Complaint clearly informed the various Defendants of the claims being asserted, summarize the key facts supporting those claims, and furnished adequate notice so as to enable the Defendant to file a responsive pleading.

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

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