Copithorne v. FRAMINGHAM UNION HOSPITAL.

520 N.E.2d 139, 401 Mass. 860
CourtMassachusetts Supreme Judicial Court
DecidedMarch 14, 1988
StatusPublished
Cited by31 cases

This text of 520 N.E.2d 139 (Copithorne v. FRAMINGHAM UNION HOSPITAL.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Copithorne v. FRAMINGHAM UNION HOSPITAL., 520 N.E.2d 139, 401 Mass. 860 (Mass. 1988).

Opinions

Hennessey, C.J.

The plaintiff brought an action in the Superior Court seeking damages for physical and emotional injuries suffered when her physician, Murray H. Helfant, drugged and raped her.1 Her complaint included one count against Helfant and another against the hospital where she was employed as a technologist and Helfant was a visiting staff physician. Copithome alleged that the hospital was negligent in continuing Helfant’s staff privileges after it knew or should have known that he “posed a risk of harm to women.” The sole issue before us is the propriety of the grant of summary judgment in favor of the hospital. See Mass. R. Civ. P. 56, 365 Mass. 824 (1974). Because we conclude that a jury reasonably could find that the hospital’s negligence proximately caused Copithome’s injuries, we reverse and remand this case to the Superior Court.

For purposes of our review of the grant of summary judgment in favor of the hospital, we assume the truth of the facts set forth in Copithome’s affidavits or otherwise asserted in answers to interrogatories. See, e.g., Coveney v. President of the College of the Holy Cross, 388 Mass. 16, 17 (1983), and case cited. We summarize the facts so shown. At the time of the incident, Helfant was a practicing neurosurgeon and a visiting staff member of the hospital. He was not a hospital employee, but had been affiliated with the hospital for about seventeen years, having been reappointed to the visiting staff each year since his initial appointment. Copithome was a hospital employee. In the course of her employment, she injured her back, and, aware of Helfant’s reputation within the hospital as a good neurosurgeon and a specialist in back injuries, she sought his professional assistance. In the course of treating her, Helfant made a house call to Copithome’s apartment, where he com[862]*862mitted the dragging and rape for which he was convicted and which caused the injuries for which Copithome seeks compensation.

For purposes of his consideration of the hospital’s motion for summary judgment, the judge below assumed, without deciding, that the hospital had been negligent in retaining Helfant on its staff. We think that a jury reasonably could find that the hospital owed a duty of care to Copithome, as an employee who, in deciding to enter a doctor-patient relationship with Helfant, reasonably relied on Helfant’s good standing and reputation within the hospital community, and that the hospital violated this duty by failing to take sufficient action in response to previous allegations of Helfant’s wrongdoing.

We therefore turn to the proximate cause issue on which the judge based his ruling. The judge ruled that, as a matter of law, the hospital’s negligence could not be the proximate cause of Copithome’s injuries because “[t]he independent misdeeds of Helfant, who was not at the time acting on the Hospital’s behalf, broke the causal chain. Moreover . . . the Hospital could not reasonably foresee that he would rape someone off the Hospital premises. Even if it could, we cannot say that the withdrawal of Hospital privileges would have prevented the rape.” If any one of these rulings was correct, then the judge properly granted the hospital’s motion for summary judgment. We think, however, that all the rulings were erroneous.

The first two rulings really advance only a single proposition, and the issue as to each is the foreseeability of Helfant’s act. The intervening criminal act of a third party is a superseding cause which breaks the chain of proximate causation only where the original wrongdoer reasonably could not have foreseen such act. See, e.g., Mullins v. Pine Manor College, 389 Mass. 47, 62-63 (1983), and cases cited. Therefore, our consideration of the propriety of these rulings reduces to a single inquiry into the foreseeability of Helfant’s act.

Copithome asserted that, at the time of the incident, the hospital had received actual notice of at least two previous incidents involving allegations that Helfant had sexually assaulted hospital patients. The first was reported to the hospital [863]*863by one Kathleen. Kathleen met with James W. Walckner, the hospital’s executive vice president, and Dr. John Byrne, its chief of surgery, and also submitted a handwritten memorandum detailing her allegations. She informed the hospital that she had been admitted to the hospital for severe back pain and referred to Dr. Helfant for treatment. While she was in the hospital, Helfant more than once came in late at night, sat at her bedside, and engaged in “close physical contact with [her], consisting primarily of stroking [her] face, neck and chest .... The contact carried sexual innuendo[e]s and was entirely unauthorized.” After she was discharged from the hospital, she went to Helfant’s office, where Helfant asked that she enter his examining room, remove her clothing, and don a patient gown. After examining her back, he turned off the lights, removed her patient gown, and caressed.her body. On another occasion, she was at home when she developed severe muscle spasms. Her roommate called Helfant, who came to the apartment and examined Kathleen’s back. Indicating that her muscles were still tense, he injected her with ten milligrams of the drug Valium.2 He then turned off the lights in her bedroom, sat down on her bed, partially undressed her, and proceeded to caress her body. The next day, Kathleen’s roommate told her that, after leaving Kathleen’s bedroom, Helfant tried to seduce the roommate, who asked him to leave.

In her memorandum to Walckner and Dr. Byrne, Kathleen indicated that she had not resisted Helfant’s advances, and that she had mixed feelings about her experiences with him. Although she did not want to bring legal charges against Helfant, she wanted to be assigned to a different neurosurgeon, and “to discuss if any similar charges have arisen against Dr. Helfant”; and she wanted the hospital administration and the medical profession’s board of ethics to be made aware of the situation. She stated that Helfant’s actions had damaged her significantly, although not irretrievably, “but what Dr. Helfant could be [864]*864doing to other female patients who have different needs, priorities or senses of self is the most basic and fundamental issue that should be addressed [and] dealt with accordingly.” She filed a complaint against Helfant with the Board of Registration in Medicine, and sent a copy of the complaint to the hospital.

In response to Copithome’s interrogatories, the hospital stated that it had taken action with regard to Kathleen’s allegations. After meeting with Kathleen, Dr. Byme met with Helfant, who denied any wrongdoing. Dr. Byme then instructed Helfant to have a chaperone present in the future when visiting female patients in the hospital. Based on Helfant’s “excellent record” at the hospital, Dr. Byme “felt that no further action was necessary as it was his opinion that he had no need to worry about Dr. Helfant harming a patient. In effect, Dr. Helfant was given an oral warning.” Dr. Byme also told the nurses on the floor to “keep an eye on Dr. Helfant.” Walckner “inquired of hospital personnel, through department heads at management meetings, if there was any awareness of sexual harassment at the hospital in general involving either employees or patients.” Following receipt of a copy of Kathleen’s letter to the Board of Registration in Medicine, Walckner wrote to the board, but received no response, and took no further action.

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Bluebook (online)
520 N.E.2d 139, 401 Mass. 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/copithorne-v-framingham-union-hospital-mass-1988.