336 A.3d 963
Pa. Super. Ct.2025Background
- Family members of elderly residents in a memory care facility, The Landing of Southampton, filed suit alleging that the facility failed to prevent, report, and concealed sexual assaults perpetrated by a male resident against other residents.
- Plaintiffs explicitly stated their claims were not for medical or professional negligence, but for ordinary negligence and intentional infliction of emotional distress; claims included negligent supervision and failure to report assaults.
- Defendants included two facility managers, The Landing, and its parent company, Leisure Care, LLC.
- The trial court overruled defendants' objection that these claims sounded in professional negligence and did not require a certificate of merit under Pennsylvania procedural rules.
- Multiple appeals by the defendants were consolidated. The primary challenge was whether the claims required a certificate of merit applicable to professional liability actions.
- The appellate court reviewed whether plaintiffs' complaints truly sounded in ordinary negligence or whether they implicated professional judgment and therefore medical malpractice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claims sound in ordinary negligence or professional negligence (thereby requiring a certificate of merit under Pa.R.C.P. 1042.2/1042.3) | Framed as ordinary negligence for failure to prevent and report assaults, not claiming substandard medical care | Allegations involve matters of medical/professional judgment, thus require a certificate of merit | Claims sound in ordinary negligence, no certificate required |
Key Cases Cited
- Toogood v. Owen J. Rogal, D.D.S., P.C., 824 A.2d 1140 (Pa. 2003) (defines the scope of medical malpractice vs. ordinary negligence)
- Ditch v. Waynesboro Hosp., 917 A.2d 317 (Pa. Super. 2007) (sets out standard for distinguishing ordinary negligence from professional negligence)
- Yee v. Roberts, 878 A.2d 906 (Pa. Super. 2005) (explains that actions based on facts constituting medical treatment are professional negligence, but not otherwise)
- Smith v. Friends Hosp., 928 A.2d 1072 (Pa. Super. 2007) (sexual assault by hospital employees is ordinary negligence, not medical malpractice)