The Pennsylvania Supreme Court will hear an appeal regarding Prospect Medical Holdings Inc.’s closure of acute care services at Delaware County Memorial Hospital. (DCMH) Lamb McErlane attorneys Rocco P. Imperatrice, III, Jim Sargent, Kathleen O’Connell Bell, and Andrew Stafford represent the Foundation for Delaware County, the nonprofit charitable successor to the Crozer-Keystone Health System.

“We’re delighted with the action of the court,” said Imperatrice, partner at Lamb McErlane PC.

The Foundation, with the assistance of the Pennsylvania Attorney General and the County of Delaware, sought court confirmation that the closure of DCMH acute care services by Prospect was not permitted by the governing document, the Asset Purchase Agreement. The trial court in Delaware County agreed and issued the preliminary injunction preventing closure, but the Commonwealth Court, in a 2 to 1 decision, overturned the preliminary injunction. The Foundation requested that the Supreme Court review the Commonwealth Court’s decision and, on December 13th, the Supreme Court granted that request.

“Hopefully, there will eventually be much needed emergency services for the DCMH residents in the future,” said Imperatrice.