Rejecting the argument that corporate liability only applies to hospitals or health management organizations, a doctor’s private practice may be held liable for the alleged negligence of one of its physicians who performed radiation treatments on the wrong side of a woman’s neck, a common pleas judge has ruled.
Lackawanna County Court of Common Pleas Judge James A. Gibbons denied several preliminary objections in Astleford v. Delta Medix, allowing a plaintiff’s informed consent, punitive damages and corporate negligence claims to go forward against a doctor and the private practice he worked with, which focuses on cancer treatment. Gibbons’ opinion and order were issued June 8.
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