Scampone v. Highland Park Care Center, LLC, 57 A.3d 582

Ms. Madeline Scampone resided at Highland Park Care Center from 1998 to 2004 and suffered repeated urinary tract infections, dehydration, malnutrition, bedsores, and a fatal heart event.
Richard Scampone, as executor, filed a 2005 action on behalf of the Scampone estate against Highland Park, Grane Healthcare, and related entities, asserting negligence under Survival and wrongful death theories with both direct corporate negligence and vicarious liability theories.
At trial, former Highland Park caregivers testified to understaffing, incomplete care tasks, poor communication of changes in condition, and failure to follow doctors’ orders; the estate also introduced evidence of the entities’ control over staffing, budgets, and policies.
Experts opined that care failures breached the standard of care for a skilled nursing facility and caused dehydration that contributed to the death of Ms. Scampone.
The trial court granted nonsuits on some claims (notably Grane Healthcare) but denied others, and the jury ultimately found Highland Park liable under corporate negligence; the Superior Court reversed in part and remanded for a new trial as to Grane and punitive damages.
The Pennsylvania Supreme Court granted review to decide whether a skilled nursing facility and its affiliated entities may be held directly liable under the corporate negligence theory and, if so, how the duty of care should be analyzed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether corporate negligence can extend to nursing homes	Scampone argues Thompson should apply to SNFs, making them directly liable for non-delegable duties.	Highland Park/Grane contend corporate negligence is limited to hospitals and analogous entities, not SNFs.	Direct liability for corporate negligence may extend to SNFs; duty is case-specific and not categorically limited to hospitals.
Whether the nursing home defendants owed non-delegable duties directly to Ms. Scampone	Scampone asserts non-delegable duties arise from controlling care, staffing, and policies within the facility.	Highland Park/Grane argue there was no direct duty beyond vicarious liability and that Thompson governs only hospitals.	The trial court must determine, on remand, whether each defendant owed direct duties to Ms. Scampone under the applicable legal standards.
Whether nursing homes are categorically immune from direct negligence claims	Scampone maintains there is no immunity; direct liability is available to enforce patient safety.	The defendants urge a doctrinal exemption for nursing homes, arguing no direct-duty framework exists outside hospitals.	Nursing homes are not categorically immune from direct negligence claims; liability may attach where duties exist.

Thompson v. Nason Hospital, 527 Pa. 330 (Pa. 1991) (establishes corporate negligence for hospitals via non-delegable duties to patients)
Welsh v. Bulger, 698 A.2d 581 (Pa. 1997) (guidance on hospital duties and systemic negligence)
Riddle Mem. Hosp. v. Dohan, 504 Pa. 571 (Pa. 1984) (Restatement section guiding hospital duty of care)
Capan v. Divine Providence Hosp., 430 A.2d 647 (Pa. Super. Ct. 1980) (ostensible agency and hospital liability framework)
Tonsic v. Wagner, 458 Pa. 246 (Pa. 1974) (vicarious liability for hospital personnel)
Sutherland v. Monongahela Valley Hosp., 856 A.2d 55 (Pa. Super. Ct. 2004) (limits extending corporate negligence to physician’s offices)
Hyrcza v. West Penn Allegheny Health Sys., 978 A.2d 961 (Pa. Super. Ct. 2009) (professional corporation as comprehensive health provider for Thompson-like duties)
Flagiello v. Pa. Hosp., 208 A.2d 201 (Pa. 1965) (abolished charitable immunity and set framework for hospital liability)