The Court dismissed the facility's objection to "vicarious liability" claims in the wrongful death suit and, as a result, the defendant hospital may be held vicariously liable for the alleged wrongful death of a patient who was treated by a drug-addicted surgeon at the facility. The hospital's lawyers raised preliminary objections to the wrongful death complaint filed by the wife of deceased patient, Douglas MacLeod, who underwent a laparoscopic cholecystectomy at the hospital in December 2006. The surgeon, David P. Russo, MD, a defendant in the case (as well as assisting surgeon Mukesh J. Mehta, MD, also a defendant) allegedly left for vacation immediately after performing the procedure "without securing surgical coverage in his place," according to court documents. Mr. MacLeod suffered complications the next day, which the widow plaintiff claims resulted from Dr. Russo "failing to properly identify and clip [her husband's] cystic artery during surgery." Mr. MacLeod was treated for cystic artery bleeding and had numerous hospitalizations until he died in March 2008.
According to court records, Dr. Russo later admitted that he was addicted to drugs and alcohol. In August 2009, Mr. MacLeod's wife sued the surgeon, Dr. Mehta and the hospital, which allegedly knew of Dr. Russo's addictions, for medical negligence. The complaint against the hospital defendant alleges that the facility "knew of and permitted the addictions which gave rise to the claim of punitive damages against" Dr. Russo, and that the entities could therefore be held vicariously liable. The hospital facility's defense lawyers filed a preliminary objection to this claim, which was dismissed in May by the Court: "Accepting all facts as true, Count IV of the amended complaint does allege that moving defendants knew of and permitted defendant Russo's conduct," wrote the court. However, the court upheld the defendants' objection to a separate claim of corporate negligence, which alleges liability "based on a hospital's own policies, actions or inactions." The court determined that the plaintiff failed "to plead facts demonstrating conduct of the hospital directly that is willful, wanton or recklessly indifferent to the rights of others." A spokesperson for the hospital declined to comment, saying it was the facility's policy not to discuss open litigation.
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