Massachusetts medical malpractice law follows the legal principles of joint and several liability, as well as vicarious liability. Joint and several liability is a term that means victims of medical negligence are allowed to recover the full judgment against any and all responsible parties. For example, if a doctor, nurse and anesthesiologist are all negligent during a surgery and caused the patient injury, the patient can collect the entire amount of their awarded damages from any one of the negligent parties. The legal premise of vicarious liability states that an employer is liable for the negligence of its employees, agents and servants if the person was negligent in the course of his or her employment. This means that medical corporations and hospitals are liable for the acts of their medical staff. If you believe you may have a claim for medical malpractice, it is wise to contact our Boston medical malpractice attorney experts as soon as possible.
On May 18, 2015, Deborah Craven went to the Yale-New Haven Hospital to have thoracic surgery. The surgery was being supervised by Dr. Anthony Kim, but was actually being performed by Dr. Ricardo Quarrie, a trainee and fellow at the hospital. According to nhregister.com, Craven alleges that Dr. Quarrie removed her seventh left rib, instead of the eighth left rib, which had a cancerous lesion on it. She also alleges that metallic coils marked the eighth left rib and had dye injected into her skin to mark the correct area; however, Dr. Quarrie allegedly still removed the incorrect rib.
After the surgery, Craven was still suffering from pain. She received an X-ray, which reportedly showed that her eighth rib was still intact and that the metal markers were still in place. Craven alleges that Dr. Quarrie then “falsely informed her that he had not removed enough rib during the surgery, and for that reason, she would need to undergo another surgery with general anesthesia.” Craven underwent a second surgery the next day, in which the eighth rib and metal coils were removed from her body.
Craven has filed a lawsuit against Dr. Kim, Dr. Quarrie, the Yale-New Haven Hospital, and the Yale Medical School. The lawsuit alleges that Kim failed to properly supervise Quarrie, that the defendants all failed to ensure that the correct rib was removed, and that they lied to Craven regarding the reason she needed to undergo a second surgery. Craven reports that she has suffered a limited ability to carry on life activities and she is suing for past and future medical expenses. Attorney Joel T. Faxon is representing Craven in this case.
If you or a loved one has suffered a serious injury or wrongful death as a result of medical malpractice, we can help. Call our Boston, MA medical malpractice lawyerexperts at 617-787-3700 or email us at info@gilhoylaw.com.
