Leonard v. St. Joseph's Hospital

37 Pa. D. & C.3d 150, 1984 Pa. Dist. & Cnty. Dec. LEXIS 95
CourtPennsylvania Court of Common Pleas, Luzerne County
DecidedAugust 22, 1984
Docketno. 1688-C of 1982
StatusPublished

This text of 37 Pa. D. & C.3d 150 (Leonard v. St. Joseph's Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Luzerne County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leonard v. St. Joseph's Hospital, 37 Pa. D. & C.3d 150, 1984 Pa. Dist. & Cnty. Dec. LEXIS 95 (Pa. Super. Ct. 1984).

Opinion

PODCASY, J.,

This is a medical malpractice case in which defendants seek entry of summary judgment in their favor.

According to plaintiff’s complaint, his wife, Lydia Leonard, was admitted to St. Joseph’s Hospital in Hazleton, Pa. on April 15, 1981 for the purposes of childbirth, under the care of Ki Bum Lee, M.D., a specialist in obstetrics and gynecology. She delivered healthy twin babies on April 16, 1981, and died in her hospital bed four days later in the early morning hours of April 20, 1981, an apparent victim of cardiac arrest.

Plaintiff claims that Lydia Leonard’s death resulted from defendants’ negligence in failure to promptly and properly treat his wife, failure to maintain close observation of her condition, failure to do a complete and adequate physical examination, fail[152]*152ure to possess the proper skills, experience, and techniques for treating, caring for, and monitoring her, failure to properly obtain her past medical history, failure to properly bring to bear what medical skills they possessed, and failure to conform to accepted medical standards. Recovery is sought in two trespass counts, one for wrongful death, and the other for recovery under the Pennsylvania Survival Act.

Defendant Lee’s answer to plaintiff’s complaint admits that Lydia Leonard was at times under his care and supervision and at times under the care and supervision of the hospital itself after her admission to St. Joseph’s Hospital on April 15, 1981, but denies that hér death resulted from any negligence on his part. No answer was filed by St. Joseph’s Hospital, but the essential allegations of negligence on its part are deemed to have been denied in accordance with the Rules of Civil Procedure.

Following the filing of plaintiff’s complaint and defendant Lee’s answer thereto, counsel for both parties served a number of notices of the proposed taking of depositions; and there are in the file, as part of the record, depositions taken of six witnesses by Dr. Lee’s counsel, these all being witnesses who, were expected to appear at trial as witnesses for plaintiff. In addition, plaintiff addressed interrogatories to Dr. Lee, arid both defendants addressed interrogatories to plaintiff, the answers to these various interrogatories being a matter of record. In answering the question of whether he intended to call any expert witnesses, plaintiff first stated that he might “possibly” call a medical expert witness, adding that, “if held to be necessary, testimony will be presented that the event which occurred in this case does not ordinarily occur in the absence of negligence.” When pressed by supple[153]*153mental interrogatories to provide a more explicit, answer to this question, plaintiff stated that he had not yet made a determination whether any medical experts would testify on his behalf at trial.

Being dissatisfied with plaintiff’s seeming evasiveness on the matter of identifying the medical experts whom he would call, defendants sought sanctions against plaintiff,, as a result of which two separate orders of court have been entered. These orders were entered on November 14, 1983 and December 8, 19.83, respectively, and each order required plaintiff to specifically answer the interrogatories relating to medical expert witnesses within a specified period of time on pain of being precluded from introducing any expert medical testimony at trial. Plaintiff failed to comply with either order and is therefore now precluded from offering such testimony. Pa.R.C.P 4019 (c). Gallegor v. Felder, 329 Pa. Super. 204, 478 A.2d 34 (1984).

Motions for summary judgment were filed on behalf of both defendants after expiration of the time limits allowed plaintiff for providing an answer, to the interrogatories regarding expert medical testimony, contending that, without expert-medical testimony, plaintiff’s case must necessarily fail. It is these two motions for summary judgment which are now before us.

In Gilbert v. Korvette’s, 457 Pa. 602, 327 A.2d 94 (1974), the Pennsylvania Supreme Court adopted the Restatement (Second) of Torts, §328D, formulation of re0s ipsa loquitur. That section provides:

“(1) It may be inferred that harm suffered by the plaintiff is caused, by negligence of the defendant when:
(a) the event is of a kind which ordinarily does not occur in the absence of negligence;
[154]*154(b) other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence; and
(c) the indicated negligence is within the scope of the.defendant’s duty to the plaintiff.
(2) It is the function of the court to determine whether the inference may reasonably be drawn by the jury, or whether it must necessarily be drawn.
(3) It is the function of the jury to determine whether the inference is to be drawn in any case where different conclusions may reasonably be reached.”

The court further held in Gilbert 'that res ipsa loquitur is not a rule of procedure, or of substantive tort law, but merely a shorthand expression for circumstantial proof of negligence.

Six years after the Gilbert decision our Supreme Court elaborated further on the applicability of the res ipsa loquitur doctrine to medical malpractice cases, stating as follows in Jones v. Harrisburg Polyclinic Hospital, 496 Pa. 465, 437 A.2d 1134 (1981), at pages 472 and 1138 of the reports:

“We are satisfied that expert testimony should no longer be a per se requirement in proof of negligence in all cases of alleged medical malpractice. Expert medical testimony only becomes necessary when there is no fund of common knowledge from which laymen can reasonably draw the inference or conclusion of negligence. Even where there is no fund of common knowledge, the inference of negligencé should be permitted where it can be established from expert medical testimony that such an event would not ordinarily occur absent negligence. Restated, section 328D provides two avenues to avoid the production of direct medical evidence of [155]*155the facts establishing liability: one being the reliance upon common lay knowledge that the event would not have occurred without negligence, and the second, the reliance upon medical knowledge that the event would not have occurred without negligence. 496 Pa. at 472-73, 437 A.2d at 1138.”

Our Supreme Court, in the Jones case, went oh to refer to Comment (d) under section 328D of the Restatement (Second) of Torts, explaining the manner of functioning of the res ipsa loquitur rule in medical malpractice cases, observing that, whereas in the usual casé the conclusion that the injury or death would not have .occurred in the absence of negligence is based on past experience common to the community, and a matter of general knowledge, the conclusion may also be based on the evidence of the parties.

In the Jones case, plaintiffs presented.uncontroverted expert medical testimony to the effect that the harm suffered by plaintiff would not ordinarily have occurred in the absence of negligence.

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Related

Gilbert v. Korvette's Inc.
327 A.2d 94 (Supreme Court of Pennsylvania, 1974)
Jones v. Harrisburg Polyclinic Hospital
437 A.2d 1134 (Supreme Court of Pennsylvania, 1981)
Keating v. Zemel
421 A.2d 1181 (Superior Court of Pennsylvania, 1980)
Gallegor by Gallegor v. Felder
478 A.2d 34 (Supreme Court of Pennsylvania, 1984)

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Bluebook (online)
37 Pa. D. & C.3d 150, 1984 Pa. Dist. & Cnty. Dec. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-st-josephs-hospital-pactcomplluzern-1984.