Plaintiff and her husband filed suit against a home health care provider after she fell during her in-home physical therapy treatment session following hip surgery.  Later, the home health care provider joined the medical staffing company involved.

Although Plaintiffs initiated the lawsuit by filing a Certificate of Merit, no expert reports were ever submitted.  On behalf of the medical staffing company, MOODK filed a motion for Summary Judgment seeking dismissal of Plaintiffs’ claims for failing to submit expert reports regarding a deviation of the professionally accepted standard of care and causation of injuries.  Plaintiffs argued that the matter did not require an expert report.  The Court disagreed holding that Plaintiffs’ allegations amounted to professional negligence claims requiring expert support.  Having failed to submit an expert report, Defendants’ motion for Summary Judgment was granted.