Appellate Court Finds that Plaintiff's Med Mal Claims Were Sufficiently Stated in Complaint

In its non-precedential decision in the case of Dasilva v. Abington Memorial Hospital, No. 1707 EDA 2025 (Pa. Super. June 2, 2026 Kunselman, J., Nichols, J., and Sullivan, J.) (Op. by Kunselman, J.), the court reversed a trial court’s decision in a medical malpractice case sustaining the Preliminary Objections of the Defendant hospital dismissing the Plaintiff’s Second Amended Complaint with prejudice.

The trial court had dismissed the Plaintiff’s Complaint due to the alleged insufficiency of the factual allegations in the Second Amended Complaint. Primarily, the Defendants asserted, in part, that the Plaintiff’s allegations of negligence and agency were vague and/or insufficiently specific.

On appeal, the Pennsylvania Superior Court reinstated the medical malpractice action after finding that the Plaintiffs had plausibly alleged that the medical staff failed to properly monitor a patient who was experiencing a psychiatric episode by allowing the patient to leave the emergency room at which point he was then struck by a vehicle.

The appellate court concluded that the Plaintiffs had met the state’s fact-pleading standard by outlining key facts, including the Plaintiff’s mental state, the awareness of the hospital staff of the Plaintiff’s condition, and the alleged failure of the hospital staff to monitor or prevent the patient’s departure from the hospital.

The appellate court otherwise held that a Plaintiff need not identify any specific employees in the medical malpractice case in order to pursue vicarious liability claims against a hospital. The court noted that references contained in the Complaint to the emergency room staff were sufficiently specific to enable the Defendants to respond to the Complaint.

Anyone wishing to review a copy of this non-precedential decision of the Pennsylvania Superior Court in the Dasilva may click this LINK.

Source: Article – “Abington Hospital Must Face Med Mal Claims Over Patient’s ER Escape, Pa. Appellate Court Says,” By Riley Brennan of The Legal Intelligencer (June 4, 2026).

Source of image:  Photo by National Cancer Institute on www.unsplash.com.

Court Allows Allegation that Plaintiff Suffered "Other Injuries, The Extent of Which is Not Yet Known" To Stand

In the case of Brooks v. Shandor, No. 2024-CV-5771 (C.P. Wash. Co. July 2, 2025 Lucas, J.), the court addressed Preliminary Objections in a motor vehicle accident case in which the Defendant objected to a paragraph in the Plaintiff’s Amended Complaint in which the Plaintiff claimed to have suffered “other injuries, the extent of which is not yet known.”

The Defendant filed Preliminary Objections to that allegation under Pa. R.C.P. 1028(a)(3), asserting that the allegation lacked the requisite specificity required by the Pennsylvania Rules of Civil Procedure.

The court noted that, to determine if an allegation in a pleading contains the appropriate specificity, the court is required to look not only at the particular allegation at issue, but also that allegation in the context of the other allegations of the Complaint.

Here, the court ruled that, considering the Amended Complaint in its entirety, the Plaintiff was found to have adequately complied with the pleading rules.

More specifically, the court noted that the Plaintiff had detailed specific allegations of negligence and also alleged that the Defendant’s negligence caused multiple physical injuries to several identified body parts. The Plaintiff additionally detailed subjective symptoms of those injuries along with objective signs of those injuries.

The court otherwise noted that, under Pa. R.C.P. 1019(a), a Plaintiff need not plead evidentiary facts. The court also noted that Pa. R.C.P. 1019 does not require that injuries be pled specifically. Rather, claims for physical injuries, medical expenses, and lost wages are permitted to be pled generally.

The trial court otherwise noted that discovery and pre-trial statement requirements will protect the Defendant from being ambushed by any claims of a new injury at the time of trial. The Defendant was noted to have the right to inquire as to the specific nature and extent of the Plaintiff’s alleged injuries during the course of the discovery in the case. The court also noted that, in her eventual pre-trial statement, the Plaintiff will be required, under the local rules of court, to provide a “specific description of her damages” along with a copy of all medical expert reports.

The court otherwise noted that, to the extent the Plaintiff fails to comply with these requirements, the Defendant may, at that point, seek to preclude the presentation of any non-disclosed evidence of an injury at trial.

For these reasons, the trial court overruled the Defendant’s Preliminary Objections.

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


I send thanks to Attorney Danielle M. Deklewa of the Pittsburgh, PA law firm of Ainsman Levine, LLC, for bringing this case to my attention.