MEDICAL MALPRACTICE-RES IPSA LOQUITUR-INJURY

Schneider v. Community Options (Allentown), Pa. No. 2017-C-1144 (C.P. Lehigh December 8, 2022) (Caffrey, J.). This case involves somebody being transported who had Downs Syndrome. According to plaintiff, a fracture of the type which occurred here only occurs from severe force or a fall from great heights. The plaintiff was 47 years of age, diagnosed with Downs Syndrome and resided in a group home operated by defendants. It is claimed that the negligence was a fall, which is the only way this injury could have occurred. The court found that res ipsa would not apply because there was no evidence of negligence. There was insufficient record evidence to prove specific negligence on the part of the defendants as to the precise cause of the injury. With respect to the treating physician, the court held that it would wait until trial. In support of her argument, plaintiff referred to treatment records of a neurosurgeon. However, plaintiff did not specify how the treatment notes reflect that during his treatment of plaintiff, the operating surgeon formed his opinion that the failure to seek timely medical treatment for plaintiff impacted her ability to walk and caused her harm. The court will wait for trial on that.