LEGAL ROUNDUP – Pennsylvania
PA Superior Court Reaffirms Need for Expert Testimony in Support of Claim for Corporate Negligence and Provides Further Clarity as to ‘Obvious Negligence
Wandell v. Robert Packer Hosp., 1532 MDA 2023, 2024 WL 3697497 (Pa. Super. Ct. Aug. 7, 2024)
The Superior Court of Pennsylvania found that expert testimony was still required in a matter involving an alleged defective toilet provided to a patient post surgery that broke and resulted in a fall and injuries to the patient.
The court specifically stated that this was not a case in which negligence was so obvious that expert testimony was not required and, in turn, granted summary judgment for failure to produce expert reports supporting the claims. The court was not compelled by the patient’s argument—a claim for corporate negligence based on the provision of a defective toilet to a post-surgical patient which broke and resulted in a fall—does not require expert testimony.
The court outlined that questions which required expert testimony regarding adequate and appropriate supervision, reasonable care to maintain facilities and equipment, and adequate training, among others, still existed. As such, summary judgment was proper for failing to produce experts in support of the patient’s claim.
PA Superior Court Reverses Grant of Summary Judgment Based on Gross Negligence Where Expert Opinions Are Sufficiently Supported by the Record
Azaravich v. Wilkes-Barre Hosp. Co., LLC, 2024 PA Super 116, 318 A.3d 876 (Pa. Super. Ct. 2024), reargument denied (Aug. 12, 2024)
The Superior Court of Pennsylvania found that a grant of summary judgment in favor of the defendant-hospital was improper where the medical records, in the light most favorable to the plaintiff, created genuine issues of material fact regarding whether there was a gross deviation from the standard of care.
In vacating the trial court’s order, the Superior Court disagreed with the trail court insofar that the plaintiff’s experts failed to provide sufficient evidence to support their conclusions regarding gross negligence.
Further, in determining there was sufficient evidence for the opinions of the plaintiff’s experts, the Superior Court restated that where an expert’s conclusions are supported by the record, a trial court may not sua sponte criticize the expert’s opinions in an order or on summary judgment as that is a question of fact and credibility for the fact finder to determine.
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