Mass. Supreme Court Expands Doctors’ Liability to Nonpatients

December 11, 2007

  • December 11, 2007 at 3:52 am
    wudchuck says:
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    is not confidentiality of patient and doctor of any concern? it said other parties, does that include the person that he hit? technically that is a third party. are going to need a log everytime we tell them the side effects we need a signature? are we going to need another one at the pharmicists who give the patient the prescription once filled (that be like a bartender serving the item). what happened to personal responsibility? or are we looking at getting money from someone else because the original person is unable to give you anything? where and when will it end? will these lawsuits some and think about who’s responsible? i think this will drive more lawyers into being money hungry slobs. they are not for the victim and the correct responsible party but only the money they can collect even if they lose.

  • December 11, 2007 at 3:52 am
    Mary B. says:
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    What a stupid opinion. What were some of these justices smoking? Hopefully this will be appealed.

  • December 12, 2007 at 5:35 am
    Jean Miller says:
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    GOOD GRIEF how ridiculous is this Mass. ruling? A UPI story covering this ruling indicates “At the time of his accident, Saca, 75, had prescriptions from [Dr.] Florio for a long list of drugs with side effects that include drowsiness, dizziness and fainting, the newspaper reported.”

    I don’t know about this physician, but in my experience most of physician’s DO discuss the potential side-effects of any medication they are prescribing for you and, unless you have dementia, feel they have duly informed you! I agree with Justice Robert Cordy’s comments. Can’t you just see the future impact of this ruling: your doctor feels you need a medication to help your quality of life [for one reason or another], but this medication might cause you drowsiness, dizziness, fainting, or other effects that could diminish your mental capacity. Worried about being sued, the doctor will warn you about the potential side-effects then ask you to sign an affidavit stating that you fully comprehend the possible side-effects and agree that you will not drive or operate machinery while on this medication. Refuse to sign and the doctor will inform if he writes this prescription for you he will immediately notify DMV that your driver’s license should be suspended because you might be a hazard to yourself and others while on this medication. Or, he’ll just refuse to prescribe you the medication and ask you to see another doctor!

    Why not be able to also sue the pharmacy that filled the prescription? After all, the pharmaceutical company’s pages of fine print ‘patient handout’ on prescription medication comes with the filled prescription the pharmacist provides you. What about the dozens of over-the-counter products [like cough syrups] that carry the same warning? Will the manufacturer’s of those products also become liable for lawsuits??

    It appears the current outbreak in insanity in this country has infiltrated our judicial systems!

  • December 12, 2007 at 8:43 am
    wudchuck says:
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    it goes back to being responsible. looking at today’s society, they would rather blame others instead of themselves. they want money from folks whom can afford it, because they can’t due to their mistake. like the other article in IJ, the man with the nail gun. he’d been in the construction business for 20 yrs, used a nail gun on metal and the nail rebounded back into his brain causing damage. the jury awarded him $3.4 mil! WHAT, that is ludicrous. you are going to tell me that he does not know how to read instructions and if not, then how has he been building for the past 20 yrs? so back this story; if she all these other meds for a long time, you wud think then it did not matter adding another one to the list. she was aware of the other side effects, whats to say it was a different med that caused the trip wire? or maybe she forgot to take that particular pill? do we sue because we forget to take one? come one and come all, let’s start taking responsiblity for our own actions. remember that it’s your life and money that’s going to cost and not the other fella.

  • December 12, 2007 at 3:37 am
    Mr Obvious says:
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    So, if I do not have comp on my car I can take some prescription drug that has a side effect of drowsiness, run it into the ditch and get a new car from my doctor! Score!

  • December 12, 2007 at 3:59 am
    Joe B says:
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    What drugs don’t list drowsiness as a possible side effect? Whenever I get any of these types of pills, I get a big sticker warning on it.

    The best side effects I’ve seen for a drug is for Requip, the restless leg drug. Possible side effects include; unusual urges to gamble and increased sexual urges. Where are the lawyers going to go with that one?

  • December 12, 2007 at 4:10 am
    wudchuck says:
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    well, if u look at it that way; does that mean if i find a lovely lady and contract a certain disease – can i sue because of the side effect and the harmful effect that happened when i did not read? or do i sue because i lot my money on the blackjack table and now my rent is due? car payment? this is only going to open a can of worms that they can’t stop! again, it all needs to go back to square one – one own personal responsiblity!

  • December 12, 2007 at 4:54 am
    Casual Observer says:
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    So, the patient drove his car after taking a medication that had side effects.

    How does anyone know that the doctor didn’t warn his patient?

    Further, even if the doctor didn’t warn him, what about the printout of info provided by his pharmacy when he filled the prescripton?

    Massachusetts continues to be a state (commonwealth) that leads the nation in stupid decisions.

  • December 12, 2007 at 5:08 am
    Bob says:
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    I think I understand. Mass has recently promised to lower auto insurance rates by allowing companies to set their own rates (subject to a few hundred restrictions) and now to make good on their promise to their constituents – the cost of auto liability is being shifted to their medical bills.

  • December 12, 2007 at 6:10 am
    Calif ExPat says:
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    I’m surprised we can even find folks who are willing to enter the medical profession anymore- given this type of ‘long arm’ judicial pocket picking



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