Appellant V. Friends Hospital Case Summary
Briefing a Case
Case Name: Traine Smith, Appellant v. Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony and Dewayne Thomas, Appellees
• Who is the plaintiff? The defendant?
The plaintiff is Traine Smith. The plaintiffs are Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony, and Dewayne Thomas
• What is the issue?
The plaintiff sued the defendants, claiming that she was sexually assaulted and beaten by hospital employees while she was hospitalized. The defendants were granted a dismissal of the case for non pros. The defendants claimed that the plaintiff failed to meet her requirement to file a certificate of merit within 60 days. As a result, the Court of Common Pleas, …show more content…
The Certificate of Merit would have been necessary only if the plaintiff was suing for medical malpractice, professional negligence, or some other professional liability claim. Since this was the only reason the Court initially dismissed her claim, the Superior Court decided to reverse the judgment in favor of the hospital and remand the case (Smith v. Friends Hospital, …show more content…
Given the nature of the allegations, sexual and physical assault by hospital employees during a hospitalization, it would be unfortunate for the case to be dismissed based solely on a technicality. In this case, the defendants were initially able to get the case dismissed because of a filing deadline. I understand that there must be processes in place to ensure an efficient legal system. However, justice cannot be overlooked simply for the pursuit of efficiency. These are serious allegations with the potential to affect a significant number of future patients in that hospital. These allegations need to be investigated, examined, and an appropriate action taken to ensure future safety.
• Can you apply this to what you do?
Off hand, I’m not exactly sure how this case would apply to my practice. This case mostly involved the attempted application of a legal technicality. However, a benefit to reviewing this case was the degree to which professional negligence and medical malpractice were defined under the law. The importance of understanding your professional responsibilities, not only from an ethical standpoint, but from a legal one as well cannot be overstated. For the most part, laws are designed to ensure an ethical and safe
Case Name: Traine Smith, Appellant v. Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony and Dewayne Thomas, Appellees
• Who is the plaintiff? The defendant?
The plaintiff is Traine Smith. The plaintiffs are Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony, and Dewayne Thomas
• What is the issue?
The plaintiff sued the defendants, claiming that she was sexually assaulted and beaten by hospital employees while she was hospitalized. The defendants were granted a dismissal of the case for non pros. The defendants claimed that the plaintiff failed to meet her requirement to file a certificate of merit within 60 days. As a result, the Court of Common Pleas, …show more content…
The Certificate of Merit would have been necessary only if the plaintiff was suing for medical malpractice, professional negligence, or some other professional liability claim. Since this was the only reason the Court initially dismissed her claim, the Superior Court decided to reverse the judgment in favor of the hospital and remand the case (Smith v. Friends Hospital, …show more content…
Given the nature of the allegations, sexual and physical assault by hospital employees during a hospitalization, it would be unfortunate for the case to be dismissed based solely on a technicality. In this case, the defendants were initially able to get the case dismissed because of a filing deadline. I understand that there must be processes in place to ensure an efficient legal system. However, justice cannot be overlooked simply for the pursuit of efficiency. These are serious allegations with the potential to affect a significant number of future patients in that hospital. These allegations need to be investigated, examined, and an appropriate action taken to ensure future safety.
• Can you apply this to what you do?
Off hand, I’m not exactly sure how this case would apply to my practice. This case mostly involved the attempted application of a legal technicality. However, a benefit to reviewing this case was the degree to which professional negligence and medical malpractice were defined under the law. The importance of understanding your professional responsibilities, not only from an ethical standpoint, but from a legal one as well cannot be overstated. For the most part, laws are designed to ensure an ethical and safe