A unanimous Pennsylvania Supreme Court has affirmed the extension of the corporate negligence doctrine beyond hospitals to nursing homes. Nearly a full year after it was argued, the court has issued a forty-four page opinion authored by Chief Justice Castille in the case of Scampone v. Highland Park Care Center, LLC, holding courts must weigh the five factors found in the Althaus v. Cohen decision to decide corporate negligence for healthcare facilities: (1) the relationship between the parties; (2) the social utility of the actor’s conduct; (3) the nature of the risk imposed and foreseeability of the harm incurred; (4) the consequences of imposing a duty upon the actor; and (5) the overall public interest in the proposed solution. The opinion appears to step back from the Thompson v. Nason Hospital decision, and broaden the scope of the “comprehensive health center” concept. Professional liability avoidance best practices require medical facilities of all types be more aware than ever that they may bear liability for the actions of their employees.
-Josh J.T. Byrne, Esquire
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