Denman v. Holy Spirit Hospital

SHUGHART, P.J.,

Following the death of plaintiffs decedent on January 31, 1977, plaintiff started actions for wrongful death and survival against defendant, Holy Spirit Hospital, by complaint filed December 23, 1977. It is admitted that the causes of action are governed by the provisions of the Health Care Services Malpractice Act of October 15, 1975, P.L. 390, sec. 101, as amended, 40 P.S. §1301.101 et seq. In view of this fact defendant has filed a motion for summary judgment seeking to have the actions dismissed, alleging that the court has no subject matter jurisdiction since the act…