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PENNSYLVANIA RECORD

Monday, November 4, 2024

Patient Sues Local Hospital Over Alleged Medical Malpractice

State Court
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A lawsuit filed in Delaware County, Pennsylvania, on June 27, 2024, accuses a local hospital of medical malpractice following an incident that resulted in severe injuries to the plaintiff. The complaint was lodged by Kathleen Dowd Finkbiner against Riddle Memorial Hospital.

According to the court documents, Finkbiner alleges that on October 10, 2023, she visited the emergency department at Riddle Memorial Hospital after experiencing a fall at home. She reported not remembering or understanding why she fell, which indicated a risk for subsequent falls. Despite this risk, hospital staff allegedly failed to use a wheelchair to transport her between examination rooms. Instead, they asked her to walk to another area of the hospital. During this attempt, Finkbiner fell again and sustained serious injuries including a patella fracture, closed head trauma, and facial lacerations.

The lawsuit claims that the negligence of Riddle Memorial Hospital and its staff directly caused these injuries. The plaintiff asserts that the hospital failed in several key areas: properly examining her for fall risks, reviewing critical medical history information, providing safe transportation within the facility, and adhering to proper policies and procedures regarding patient transport. The complaint states that "the conduct of Defendants...caused Plaintiff serious and permanent personal injuries," leading to physical and cognitive limitations.

Finkbiner is seeking damages exceeding $50,000 along with punitive damages for what she describes as carelessness and recklessness on the part of the hospital staff. She also demands pre-judgment interest, post-judgment interest, costs, and damages for delay.

The case underscores allegations of both direct negligence by Riddle Memorial Hospital and vicarious liability for the actions of its employees under theories such as respondeat superior and negligent supervision. The plaintiff's legal team argues that all involved parties were acting within their scope of employment when providing medical care to Finkbiner.

Representing Finkbiner is attorney Justin M. Bernstein from Kenneth R. Schuster & Associates P.C. The case has been assigned Case ID NO.: 00923 in the Court of Common Pleas in Delaware County.

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