A red “Emergency” sign hangs above the entrance to a hospital.
PHILADELPHIA – A Pennsylvania appeals court will allow a medical malpractice case against Jefferson Abington Hospital to proceed after an ER patient was struck by a car.
The Superior Court ruled against the hospital June 2, overturning a Philadelphia judge who tossed claims by Alexandro and Meirivam DaSilva. Alexandro was thought to be possibly suffering a psychotic break on Jan. 5, 2024, but was left unattended.
Once he fled the hospital, he was hit by a car and injured. The trial judge had ruled allegations in the complaint were not specific enough, but the Superior Court disagreed.
“The DaSilvas allege numerous negligent acts and/or omissions by the Hospital in caring for Alexandro, who was experiencing mental health issues,” the ruling says.
“The DaSilvas further specified the circumstances surrounding Hospital’s negligent acts and/or omission by adding the excerpt from Alexandro’s medical chart. This excerpt detailed Alexandro’s mental and physical condition when he came to the Hospital. It specifically described Alexandro’s symptoms, complaints, and behaviors and provided context for the DaSilvas allegations of negligence.”
Alexandro was 36 and had been “making very odd statements,” his chart said. He’d also been running on a treadmill at night rather than sleeping and claimed he was dying. On the way to an appointment with his family doctor, he got completely undressed in the passenger seat.
“Patient’s symptoms consistent with a psychotic break however will rule out organic causes,” his chart said. “Patient care transitioned to oncoming team pending final disposition crisis evaluation.”
But when his nurse left to care for another patient, Alexandro simply walked out of the hospital and was hit by a car. The DaSilvas dropped a claim under the federal Emergency Medical Treatment and Labor Act to avoid litigating in federal court.
The rest of their case alleged the hospital was negligent in screening, stabilizing, monitoring and triaging Alexandro. The trial judge found they had failed to plead any material allegations to support negligence, but the Superior Court found the lawsuit complied with state pleading requirements.
