Vattimo v. Lower Bucks Hospital, Inc.

[2] I join in Mr. Justice Flaherty’s affirmance of the Commonwealth Court’s opinion, but I dissent from Mr. Justice Flaherty’s reversal of that opinion.

I disagree with Mr. Justice Flaherty’s treatment of the Vattimos’ claim for reimbursement of attorneys’ fees expended in defending James in civil and criminal proceedings arising out of the incidents in this case.

First, I believe that the hospital had a duty to protect against this type of harm. Not only was the initiation of criminal proceedings against James the factual consequence of the hospital’s alleged failure to properly supervise and…