Medical Malpractice Plaintiff Must Show Systemic Negligence to Support a Corporate Negligence Claim in a Med Mal Case

In the non-precedential decision in the case of Wandell v. Robert Packer Hospital, No. 1532 MDA 2023 (Pa. Super. Aug. 7, 2024 Stevens, P.J.E., Olson, J., and Kunselman, J.)(Mem. Op. by Stevens, P.J.E.), the court affirmed the entry of summary judgment in favor of a Defendant hospital in a medical malpractice case.

The Superior Court noted that hospital corporate negligence is limited to instances in which a Plaintiff demonstrates systemic negligence.

The court additionally noted that, except in obvious cases that are within a layperson’s general understanding, a Plaintiff must present expert testimony establishing the generally excepted standard of care in a medical malpractice case along with the healthcare provider’s breach of duty.

More specifically with respect to this case, the court agreed with the trial court that the fact that a nurse left a room during the course of treatment did not automatically establish a hospital’s negligence. The court noted that medical issues regarding the standard of care and whether the nursing staff deviated from the standard of care required expert reports. 

In this case, the court noted that the Plaintiff had failed to offer any expert testimony relative to the applicable standard of care. As such, the entry of summary judgment by the trial court was affirmed.

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

I send thanks to Attorney James M. Beck of the Reed Smith law firm in Philadelphia for bringing this case to my attention.