Santos v. Kim

429 Mass. 130
Massachusetts Supreme Judicial Court·Decided March 4, 1999·Published·Cited by 31 cases

Opinion

Fried, J.

The plaintiffs are the parents of a child born with severe brain damage who died one day after delivery by Caesarian section. The mother (plaintiff) sues on her own behalf and as administratrix of her child’s estate. During a previous pregnancy, the mother was found to be Rh negative, a blood condition which, if not promptly treated, can lead to severe fetal [131] damage and death to the child. For this reason, those undertaking the plaintiff’s obstetrical care regularly had blood tests performed so as to allow an appropriate response if the blood condition recurred. These tests were performed at the clinical laboratory of the MetroWest Medical Center, Inc. (MetroWest). The suit alleges that, after a particular blood test, two weeks went by before her obstetricians became aware that the test had indicated a dangerous level of antibodies and that, as a result, proper treatment was unduly delayed, resulting in an unnecessary Caesarian section and the death of the child. The plaintiffs sued the obstetricians and the obstetrical group who cared for her, MetroWest, and Dr. Adner, the associate chief of medicine at MetroWest and director of the MetroWest blood bank and hematology laboratory.

At the defendants’ request, a medical malpractice tribunal (tribunal), consisting of a judge in the Superior Court, a physician, and an attorney, was convened, pursuant to G. L. c. 231, § 60B, to which the plaintiff submitted her claims, offering to prove that all of the defendants had acted negligently and that Adner had acted negligently because the laboratory had no policies or procedures for assuring that treating physicians are promptly notified of dangerously abnormal results in tests such as were performed for the plaintiffs. The obstetrical practice and the laboratory were located at separate MetroWest campuses and, according to evidence before the tribunal, it was the laboratory’s practice to have test results delivered to the doctors’ offices at the other campus by an independent courier service. According to a letter from the treating physician to the plaintiff after the death of her child, the physician stated that he had “routinely” been informed by telephone when there was an abnormality, but in this case he “did not receive a phone call or written report.” The tribunal found “sufficient evidence to raise a legitimate question of liability appropriate for judicial inquiry” in respect to the obstetricians, the obstetrical practice, and MetroWest. As to Dr. Adner, however, the tribunal found that there was hot sufficient evidence. The plaintiffs declined to post the bond required by § 60B in case of such an adverse finding, and a judge in the Superior Court granted Adner’s motion to dismiss the case against him. The plaintiffs appealed, and we transferred the case here on our own motion.

I

The plaintiff and the defendant disagree about whether they [132] stood as doctor and patient to each other. The plaintiff contends that, if there was no doctor-patient relationship, then the medical tribunal had no jurisdiction over the case and she should have been permitted to bring the case as a simple negligence action in the Superior Court. In that event, replies the defendant, he is not hable as a matter of law, as he owed the plaintiff no duty.4

A

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Santos v. Kim, 429 Mass. 130 (Mass. 1999).

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