Wednesday, July 31, 2024

Trial Court Requests Superior Court to Affirm Rulings in Medical Malpractice Action


In the case of Jordan v. Lynde, No. 2021-CV-02616 (C.P. Bucks Co. March 12, 2024 Trauger, J.), the court issued a Rule 1925 Opinion to the Superior Court requesting that the Superior Court affirm the trial court’s entry of summary judgment in favor of the Defendant medical providers in this medical malpractice action.

The court concluded that its Order dismissing the case should be affirmed where the Plaintiffs failed to present any expert testimony to establish that the care provided by the Defendants deviated from acceptable medical standards.

The court also found that, in this case where the Plaintiffs filed their lawsuit two (2) years and two (2) months after the event which gave rise to the claim, the Plaintiffs’ claims were barred by the statute of limitations and not saved by any reference to the discovery rule.

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


Source “The Legal Intelligencer Common Pleas Case Alert,” ww.law.com (June 19, 2024).
 

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