Pennsylvania Supreme Court to Consider the Scope of Nursing Facility Liability

The Superior Court in Scampone recognized that the nursing home did not provide physicians for its residents. Nonetheless, the Court found the nursing facilities involvement to be sufficiently comprehensive to extend corporate liability to nursing facilities. Further, the Superior Court held that the health care management company hired to provide services to the nursing facility can also be subject to corporate liability despite the holding in Thompson that the duties are not delegable. Further, management companies are not licensed to run a nursing facility nor do they typically provide daily care to the residents. The holding in Scampone may have broad impact on the way nursing facilities do business including how they oversee the practice of medicine by their residents’ chosen physicians and how facilities define their relationship with their management companies. For further discussion on the possible impact of Scampone, click here.

McCumber Daniels is participating in this appeal as counsel for the following amici curiae: Pennsylvania Health Care Association, and its companion organization the Center for Assisted Living Management, the Pennsylvania Association for Non-Profit Homes for the Aging and the American Health Care Association.

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