Gray v. Oech

49 Pa. D. & C.2d 358, 1970 Pa. Dist. & Cnty. Dec. LEXIS 407
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJune 29, 1970
Docketno. 426
StatusPublished

This text of 49 Pa. D. & C.2d 358 (Gray v. Oech) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. Oech, 49 Pa. D. & C.2d 358, 1970 Pa. Dist. & Cnty. Dec. LEXIS 407 (Pa. Super. Ct. 1970).

Opinion

BIESTER, P. J.,

This matter is before us for disposition of defendant Naples’ petition for rule to show cause why plaintiffs should not be required to file more specific answers to certain interrogatories, and as to defendant, Oech, whether we should impose sanctions against plaintiffs by reason of their failure to answer satisfactorily the answers to interrogatories filed on his behalf. Before dealing directly with this problem, we think it appropriate to refer to the averments contained in the complaint respecting defendants’ negligence.

On January 16, 1969, plaintiffs filed their complaint against the above-named defendants, alleging that negligence on the part of the individual doctors and the hospital was responsible for personal injuries suffered by the plaintiff-wife. In pertinent part, the complaint against Jerry F. Naples, M.D., is as follows:

“4. Jerry F. Naples, M.D., one of the defendants herein, was negligent and careless in the treatment and care of the said Esther Gray in the following respects:
“(a) He did so negligently and carelessly treat and care for the disease of the plaintiff as to be below the generally accepted standard of care required of a physician in such a case;
“(b) As the physician directly in charge of the operative procedures he did so negligently and carelessly supervise the administration of anesthesia and/or anesthetics, as to be below the generally accepted standard of care required of a physician-surgeon in such a case;
[360]*360“(c) He did so negligently and carelessly operate and proceed to an operation upon the plaintiff, Esther Gray, as to cause said plaintiff severe personal injuries, and place said plaintiff in such position or positions as to cause said plaintiff severe permanent personal injuries, said injuries being hereinafter more particularly set forth.”

With regard to defendant Oech, the following were the allegations regarding his negligence:

“5. The defendant, Steffen R. Oech, M.D., was negligent and careless in the following respects:
“(a) As the doctor in charge of administering anesthesia and/or anesthetic agent and/or anesthetic agents to the plaintiff, Esther Gray, he did administer anesthesia in such a negligent and careless maimer as to cause said plaintiff to have severe permanent injuries and brain damage as hereinafter more particularly set forth;
“(b) He did so negligently and carelessly treat and care for the injury and disease of the said plaintiff as to be below the generally accepted standard of care required by physicians and anesthesiologists and/or anesthetists in such cases;
“(c) The said defendant did so negligently and carelessly administer anesthesia and / or an anesthetic agent and/or anesthetic agents as to cause severe and permanent brain damage and injuries to the plaintiff, Esther Gray;
“(d) He did negligently and carelessly ignore the medical condition of the plaintiff, Esther Gray, and administered certain anesthesia and/or anesthetic agent and/or anesthetic agents which were at that time contraindicated by reason of the conditions of the surgery at the time, and thereby caused said plaintiff to sustain the injuries hereinafter more particularly set forth;
[361]*361“(e) He did negligently and carelessly select his employees so that the administration of the anesthesia and/or anesthetic agent and/or anesthetic agents were administered by incompetent assistants;
“(f) He did negligently and carelessly administer anesthetic agents and / or anesthetic agent so that the plaintiffs heart was caused to stop during the operation, requiring open heart manipulation and surgery and thereby causing permanent brain damage.”

From all of these averments, we look in vain for facts in support of defendants’ alleged negligence. It adds nothing to say that the physicians were negligent because their treatment “was below the generally accepted standard of care required of a physician in such case.” This is not only a conclusion, but merely recites the standard of care required of a doctor. It is our view that such pleading does not conform to Pa. R. C. P. 1019, which requires that a cause of action necessitates the setting forth of the material facts in concise and summary form.

In Bruaw v. Weaver, 68 York 13, 15, the court said:

We think that a physician charged with negligence and unskillfulness in the practice of his profession is entitled to be advised of the specific acts of commission or omission which constitutes the negligence and unskillfulness complained of, so that plaintiff’s proof may be confined to such acts, and so that he may reasonably prepare for his defense.”

To the same effect are Dyer v. Kopf, 31 Northumb. 125, and DeFord v. McMenamin, 79 York 113.

It appears to us that the pleadings suggest that plaintiffs believe they have the right to rely on the doctrines of res ipsa loquitur or exclusive control in the sense that the complaint suggests that the patient was under the care of these physicians and that she suffered certain injuries as a result thereof, and that it necessarily follows that they must be liable to plain[362]*362tiffs for damages. True, the complaint avers in general terms negligence, but with no supportive facts. The doctrines of res ipsa liquitur or exclusive control do not apply. See Lambert v. Soltis, 422 Pa. 304, and the cases there cited.

In such situations as here presented, that is to say, where plaintiff is unfamiliar with the nature of the treatment or the operative procedures, an avenue of exploration is afforded him through the use of Pa. R. C. P. 4007(a), which permits him to obtain information prior to the filing of the pleading to aid in the preparation thereof. As was said in Knappenberger v. Feldman, 6 D. & C. 2d 728, 732:

“. . . The action involves defendant’s skill in his profession and the use of his skill in the diagnosis and treatment of plaintiff s ailment. Defendant’s diagnosis and treatment of plaintiff are the very heart of plaintiffs case. Treatment was given by medical apparatus. The nature of the treatment as well as the nature of the medical apparatus used are beyond the knowledge and understanding of plaintiff. The material facts concerning diagnosis and treatment are almost exclusively within the knowledge of defendant-physician. Manifestly, in these circumstances the case presents a situation where discovery in aid of pleadings is essential. It is the type of discovery which Pa. R. C. P. 4007(a) was designed to authorize.”

True, we are not dealing with preliminary objections to the complaint which, unfortunately, were not filed, but it is the lack of specificity in the complaint which causes the dilemma, for the plaintiffs argue, inter alia, that they are not sufficiently informed respecting defendants’ negligence to permit their intelligent response to the interrogatories filed.

The specific interrogatories which have been propounded and which are now in controversy and the answers in response thereto are as follows:

[363]*363As to the defendant, Naples, interrogatory No.

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Related

Lambert v. Soltis
221 A.2d 173 (Supreme Court of Pennsylvania, 1966)

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Bluebook (online)
49 Pa. D. & C.2d 358, 1970 Pa. Dist. & Cnty. Dec. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-oech-pactcomplbucks-1970.