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The Scampone Case and What It Means for You

Published on Jan 28, 2013 at 8:38 pm in Nursing Home Abuse.

The Pennsylvania Supreme Court has opened the door for the inquiry into the role of corporate parents all the way up the corporate chain of command after reviewing a landmark case in nursing home abuse. Scampone v. Highland Park Care Center, LLC was brought to court by Madeline Scampone’s son, Richard, who said his mother’s death was a result of substandard care from Highland Park Care Center, the nursing home in which she was residing. Mrs. Scampone was diagnosed with a urinary tract infection two months before her death, and was dehydrated and malnourished with bed sores upon her death. Witnesses at trial detailed the nursing home’s chronic under-staffing and a jury found Highland to be liable, awarding Richard Scampone $193,500. When the the state Supreme Court recently reviewed this case on appeal, the unanimous six-justice ruling stated that a nursing home may be held directly liable under a theory of corporate negligence by weighing five factors: the relationship between the parties, the social utility of the actor’s conduct, the nature of risk and foreseeability of harm, the consequences of imposing a duty upon an actor and the overall public interest in the proposed solution.

If you believe your loved one is experiencing negligence at his or her nursing home or assisted living facility, call our Philadelphia medical malpractice attorneys at (888) 899-0652.

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