Seeking to finally put to rest what he called a “perplexing and disquieting” trend of medical malpractice defendants attempting to bar vicarious liability claims where a plaintiff failed to name a specific agent, a Lackawanna County judge reiterated what he said the Pennsylvania Superior Court held more than three years ago: no such bar exists.

In Chairge v. Geisinger Community Medical Center, plaintiff Diann Chairge filed a medical malpractice suit in the Lackawanna County Court of Common Pleas against Geisinger Community Medical Center (CMC) and Geisinger Clinic, alleging the defendants failed to properly treat her for a stroke. Her complaint alleged that agents of CMC and the clinic deviated from the standard of care.