As a defense medical malpractice attorney, different styles of complaints have come across my desk. Many of these complaints can be simple, general allegations of professional negligence, while others can contain wrongful-death claims, survival actions and their respective statutes.
However, I have noticed that as I receive and review more complaints, I have begun to see a trend in the way they are drafted. In particular, many of the plaintiffs’ claims of professional negligence are starting to allege violations of other statutes or health regulations in their ordinary professional negligence claims. These statutes include various chapters of Title 28 of the Pennsylvania Code. The regulations usually stem from the Department of Health. This article will address the prior arguments made against the admissibility of these regulations and statutes and will briefly discuss the problems that arise due to their admissibility.
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