FEDERAL TORT CLAIMS ACT-CORPORATE LIABILITY

Boyle v. United States, 2022 U.S. Dist. LEXIS 98006 (E.D. Pa. June 1, 2022) (Pratter, J.) This case deals with corporate liability under the Federal Tort Claims Act.  The court examined the duty of care of the individuals and the statute.  Ultimate rule that although plaintiff’s expert was not competent under Mcare to testify on the standard of care owed by particular VA leaders as practicing physicians, he is competent to testify about the duty of care owed by particular VA leaders as administrators.  It seems as though this is a real crack in the façade concerning corporate liability.  The court acknowledges there is not much case law about the duty of care owed by a physician acting in an administrative role.  The court raises the corporate issue as one with relevance.  The United States argues that Boyle did not include any explicit claim for corporate negligence in the administrative claims.  Boyle asserts they are pursuing a claim based on a system made about VA doctors, not corporate negligence.  Although this may be moot, the Boyles do pursue expert testimony on the topic of hospital administration.  Ultimately, it was decided that defense motion was granted as to any claims alleging corporate negligence.  The motion is granted as to the expert’s proposed testimony about the duty of care owed as a primary care physician because the expert was not competent in the field but the motion was denied as to the expert’s proposed expert testimony concerning the duty of care owed by Veterans Administration Medical Center leaders acting in their administrative capacity.