Malpractice

Papach v. Mercy Suburban Hosp., No. 2847 EDA 2004 (Pa. Super. Ct. Oct. 12, 2005)

A mother brought a medical malpractice case against a hospital and physicians, claiming negligence in connection with the death of her son. The patient was treated at the hospital for a head injury suffered after crashing his motorcycle, but was released after a remote radiologist allegedly failed to identify a subdural hematoma on the patient's CT scan. Thirteen days later, the patient fell off his motorcycle again and died shortly thereafter from an alleged aggravation of the earlier mistreated head injury.

A trial court granted the motion for summary judgment filed on behalf of the hospital and the physicians based on the facts given in an emergency medical service (EMS) report completed at the scene of the second accident. The EMS report provided evidence that an accident occurred, which could be construed to be the sole cause of the fatal head injury. This report conflicted with the testimony of a witness to the second incident, who claimed there was no evidence of an accident and that the patient merely fell over while riding his motorcycle. The mother appealed the trial court's decision to introduce the EMS report.

The Superior Court of Pennsylvania ruled in favor of the mother, finding that the EMS report was inadmissible hearsay. The court found that the business records exception to hearsay did not apply, as the EMS report contained statements made by bystanders who were not acting in the course of their employment. Further, the court refused to allow any medical experts to testify based on the hearsay opinions given in the EMS report. The case was remanded for a new trial.