Whittington v. Episcopal Hospital

In a medical malpractice action, the hospital's motion requesting judgment NOV or a new trial was denied where a prima facie case of corporate negligence was proven and where the jury's verdict was consistent with the substantive evidence introduced at trial.

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� 1 Episcopal Hospital appeals from the December 21, 1999, order of the trial court which denied its motion for post-trial relief requesting judgment notwithstanding the verdict (“JNOV”) or, in the alternative, a new trial and granted appellees’ motion for entry of judgment on the jury’s verdict as molded by the court to reflect the addition of delay damages. Upon review, we affirm.

� 2 This case results from the death of appellees’ decedent, Claudette E. Milton, from a medical condition known by all of the following titles: pre-eclampsia, toxemia, or pregnancy induced hypertension (“PIH”). The facts seen most favorably to appellee in accordance with our review are as follows:

� 3 The decedent became pregnant and throughout her pregnancy was treated by Dr. Carol Allen, a specialist in obstetrics and gynecology, who was practicing at Episcopal Hospital and at Vanguard OB/GYN Associates in Philadelphia. Decedent was also treated at Episcopal Hospital by Episcopal’s resident physicians and nursing staff.

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Whittington v. Episcopal Hospital

In a medical malpractice action, the hospital's motion requesting judgment NOV or a new trial was denied where a prima facie case of corporate negligence was proven and where the jury's verdict was consistent with the substantive evidence introduced at trial.

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