Legal Aspects Of Health Care Administration 11th Edition by George Pozgar

تمرين 18

Facts
In this medical malpractice action, the trial court dismissed a complaint against Dr. Park because of improper service upon him. The plaintiff, Collins, appealed.
On March 14, 1989, the sheriff attempted to serve the writ on Park by leaving a copy with the receptionist at the hospital. Park had terminated his relationship with the hospital on February 22, 1988, and he did not thereafter maintain an office or place of business at the hospital.
Issue
Was the sheriff's attempt defective when he served the writ of summons upon Park in a medical malpractice action by leaving a copy with the receptionist at the hospital?
Holding
The Pennsylvania Superior Court held that the sheriff's attempt to serve the writ of summons upon the physician by leaving a copy with the receptionist at the hospital was defective because Park did not have a proprietary interest in the hospital and, at the time of service, was no longer affiliated with the hospital. The service of a complaint by leaving a copy with the nurse at the intensive care unit was inadequate to confer jurisdiction over him.
Reason
The plaintiff's attempted service of the writ of summons was defective. Because Park was not affiliated with the hospital at which service was attempted, it seems clear that the hospital cannot be deemed his office or usual place of business. A copy of the complaint was left with a nurse at the intensive care unit of the hospital where Park was then a physician. The intensive care unit of a hospital, however, cannot be deemed the physician's place of residence, nor can it be said that the physician resides there.
Why was the service of the summons determined to be improper?