Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia County, which found that CHOP had undertaken and provided health care services to a minor decedent and, therefore, owed him a duty of care.

The plaintiffs, the parents of the minor decedent, brought suit against Einstein Medical Center and CHOP. The decedent was treated at Einstein Medical Center, who contacted CHOP for assistance. CHOP opened a chart for the decedent and dispatched a transport team to Einstein. Upon arrival, the decedent deteriorated rapidly, and CHOP nurses provided treatment to the decedent, guided by a CHOP physician who was providing instructions over the phone. However, the decedent suffered cardiac arrest and passed away before transfer to CHOP.

The Superior Court affirmed that CHOP assumed a patient relationship by advising on treatment, opening a chart, dispatching a transfer team and providing emergency care. As such, they created a duty to exercise reasonable care.

Hospitals may assume liability when they become involved in the care and treatment of a patient, even if it is indirectly through telephone guidance and dispatch of staff. CHOP entered a physician-patient relationship with the decedent for treatment purposes because of CHOP’s active participation in the care of decedent prior to the transport team arrived at Einstein, and the continued services provided by the CHOP team upon arrival.