Raspaldo v. Sacred Heart Hospital

54 Pa. D. & C.4th 432, 2000 Pa. Dist. & Cnty. Dec. LEXIS 201
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedNovember 17, 2000
Docketno. 1999-C-2221 V
StatusPublished

This text of 54 Pa. D. & C.4th 432 (Raspaldo v. Sacred Heart Hospital) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raspaldo v. Sacred Heart Hospital, 54 Pa. D. & C.4th 432, 2000 Pa. Dist. & Cnty. Dec. LEXIS 201 (Pa. Super. Ct. 2000).

Opinion

FORD, J.,

This is a medical malpractice action whereby the plaintiffs sue as co-administrators of the estate of Alexa Marie Raspaldo, and in their own right.

In their complaint of September 8,1999, the plaintiffs aver medical negligence in the obstetrical care rendered to plaintiff, Amy L. Raspaldo. Plaintiffs claim that the negligence resulted in the death of the decedent, Alexa Marie Raspaldo, minutes after her birth on May 2,1999.

On October 6, 1999, the defendants filed preliminary objections to the complaint. We have considered the arguments of counsel of April 11,1999 and the briefs submitted by counsel. We hereafter discuss each preliminary objection.

DEMURRER — CORPORATE NEGLIGENCE

Plaintiffs’ complaint purports to set forth a cause of action, based upon corporate negligence, against Sacred Heart Ob/Gyn Associates. The demurrer seeks to have this claim dismissed as not setting forth a viable cause of action. The demurrer also addresses what the defendants believe are corporate negligence claims against the individual physicians. However, plaintiffs acknowledge in their response to the preliminary objections that corporate negligence claims are not brought against the individual physicians. Plaintiffs will be held to that assertion. Thus, there are no corporate negligence claims stated against the individual physicians.

[434]*434Does the law of the Commonwealth recognize a cause of action for corporate negligence against a physician group practice like Ob/Gyn?

When reviewing preliminary objections, the court must accept as true all well-pleaded, material and relevant facts as well as all reasonable inferences drawn therefrom. Mellon Bank N.A. v. Fabinyi, 437 Pa. Super. 559, 650 A.2d 895 (1994). When the preliminary objection is a demurrer, the court will resolve the issues solely on the basis of the pleadings and the court will not consider any testimony or other evidence. Id. For the court to sustain the preliminary objection, the face of the complaint must reveal that the claim cannot be sustained and that the law will not permit recovery. Id. If any doubt exists, the court must overrule the objection. Id.

We note the accurate statement of the law pressed by the plaintiffs, namely, that the question presented by a demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible. Scarpitti v. Weborg, 530 Pa. 366, 369, 609 A.2d 147, 148-49 (1992).

The appellate courts have not addressed whether corporate negligence should be extended to physician group practices. Currently, corporate negligence claims may be asserted against only hospitals and health maintenance organizations.

The theory of health care corporate negligence was first adopted in Pennsylvania in the case of Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991). Under the doctrine of corporate negligence, a hospital owes a direct duty to patients to ensure their safety and well

[435]*435being. Id. at 339, 591 A.2d at 707. The duties owed by a hospital to a patient are divided into four categories:

“(1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment,...
“(2) a duty to select and retain only competent physicians, ...
“(3) a duty to oversee all persons who practice medicine within its walls as to patient care,... and
“(4) a duty to formulate, adopt and enforce adequate rules and policies to insure quality care for the patients, ....” Id. (citations omitted)

In 1998, our Superior Court extended corporate negligence to health maintenance organizations (HMOs). The court recognized the role HMOs play in providing total health care to their patients. Shannon v. McNulty, 718 A.2d 828, 835 (Pa. Super. 1998). Although the court found that HMOs do not specifically practice medicine, HMOs are involved in the daily decision making which affects patient care, such as limiting the length of hospital stays, restricting access to specialists, restricting access to therapy, or preventing emergency room care. Id. HMOs affect the care received by subscribers. For these actions, HMOs must be held liable when they do not pass the test of medical reasonableness. Id. The court stated, “[w]e see no reason why the duties applicable to hospitals should not be equally applicable to an HMO when that HMO is performing the same or similar functions of a hospital.” Id. at 836.

Counsel have done a fine job in bringing to the attention of the court decisions of other courts of common [436]*436pleas which have addressed whether corporate negligence should be extended to private physician practice groups. One case cited was Anderson v. Orthopaedic Consultants Ltd., 77 Lancaster L. Rev. 87 (2000) (Stengel, J.), which sustained preliminary objections and dismissed a claim based on corporate liability against an orthopedic practice. Another was Oven v. Pascucci, Lackawanna County no. 99-CV-5279 (June 9, 2000) (Nealon, J.), which overruled preliminary objections and permitted a claim for corporate negligence to proceed against a corporation employing an optometrist and medical doctor at which Lasik® eye surgery was performed. Both cases contain excellent, thorough histories of corporate negligence in the Pennsylvania courts.

This court also previously addressed attempts by plaintiffs to bring corporate negligence claims against physician group practices. See Tuffiash v. Lehigh Valley Hospital, 46 Lehigh L.J. 181 (1994) andAttinello v. St. Luke’s Hospital, Lehigh County no. 1998-C-477V (Ford, J.).

Our reading of Thompson v. Nason Hospital, supra, and Shannon v. McNulty, supra, leads us to the conclusion that our appellate courts did not intend to extend corporate negligence responsibility to physician group practices.

However, the allegations of paragraph 14 of the complaint lead to the conclusion that Ob/Gyn is more than the typical obstetrics practice. Whether that is supported by actual evidence remains to be seen. Accordingly, because the allegations of the complaint describe Ob/Gyn as more akin to a hospital than a physician group prac[437]*437tice, the claim for corporate negligence against Ob/Gyn survives the demurrer.

Let us see if discovery demonstrates that Ob/Gyn is a typical physician group practice limiting itself to medical care and treatment related to obstetrics and gynecology. On the other hand, if discovery demonstrates that Ob/Gyn played a “gatekeeping role” in the health care of plaintiff, Amy Raspaldo, that it required Amy Raspaldo to commit to a single corporate health care provider as a matter of medical necessity, or that other factors distinguish Ob/Gyn from other physician group practices, perhaps this claim for corporate negligence can proceed.

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Related

Shannon v. McNulty
718 A.2d 828 (Superior Court of Pennsylvania, 1998)
Thompson v. Nason Hospital
591 A.2d 703 (Supreme Court of Pennsylvania, 1991)
Mellon Bank, N.A. v. Fabinyi
650 A.2d 895 (Superior Court of Pennsylvania, 1994)
Niederman v. Brodsky
261 A.2d 84 (Supreme Court of Pennsylvania, 1970)
Armstrong v. Paoli Memorial Hospital
633 A.2d 605 (Superior Court of Pennsylvania, 1993)
Crivellaro v. Pennsylvania Power & Light Co.
491 A.2d 207 (Supreme Court of Pennsylvania, 1985)
Scarpitti v. Weborg
609 A.2d 147 (Supreme Court of Pennsylvania, 1992)
Sinn v. Burd
404 A.2d 672 (Supreme Court of Pennsylvania, 1979)
Love v. Cramer
606 A.2d 1175 (Superior Court of Pennsylvania, 1992)

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54 Pa. D. & C.4th 432, 2000 Pa. Dist. & Cnty. Dec. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raspaldo-v-sacred-heart-hospital-pactcompllehigh-2000.