Maresca v. Mancall

Maresca v. Mancall,
Civil No. 01-5355 (E.D. Pa. June 20, 2003)

The
United States District Court for the Eastern District of Pennsylvania denied
several motions brought by parties in a medical malpractice action against a
physician and a hospital. The patient alleged medical malpractice against the
treating physician and the hospital, as well as vicarious liability and corporate
negligence theories against the hospital. The patient argued that the physician
failed to diagnosis a condition and failed to maintain complete medical records.
Both the hospital and physician moved to dismiss the suit arguing the malpractice
claim was barred by a two-year statute of limitations, and that the vicarious
liability and corporate negligence claims were supported by insufficient information.
The court held that the statute of limitations did not bar the malpractice claims
because the claims did not accrue until the patient discovered the condition.
With regards to the vicarious liability and corporate negligence claims, the
court held that unresolved issues establishing the precise relationship between
the hospital and physician prevented summary judgment. The patient also moved
for partial summary judgment regarding the incomplete medical records claims.
The patient argued that the physician and the hospital violated state regulations.
The court denied the patient’s motion, holding that the purpose of the state
regulations was to protect the interests of the public generally and not the
interests of a particular group. Finally, the patient moved to exclude a portion
of a medical form that contained an entry by unsigned, unidentified medical
personnel arguing it lacked trustworthiness. The court denied the motion holding
that the form did not unfairly prejudice the patient.