A Massachusetts appeals court ruled a radiology group may be held liable for the death of a patient after an on-call interventional radiologist did not arrive at the emergency department, Law.com reported Oct. 28.
Duane Brown went to Saint Vincent Hospital in Worcester, Mass., with neck pain and other symptoms. He was diagnosed with an infected gallbladder but was not a candidate for surgery. Physicians recommended the infection be drained with an emergent cholecystostomy tube, but the provider reported there was no on-call interventional radiology coverage available for the next three days. Mr. Brown was transferred to UMass Memorial Medical Center for the procedure but died before it could take place, according to the suit.
Dolores Brown, Mr. Brown's wife, filed a suit against Saint Vincent Radiological Associates, claiming negligence for not having an on-call radiologist per the contractual agreement with Saint Vincent Hospital.
The radiology associates argued that it was contractually obligated only to provide services to the hospital, but the appeals court found the group may be held liable for failing to provide an on-call radiologist.
"Viewing the facts in the light most favorable to the plaintiff, under SVRA's contract with Saint Vincent, SVRA effectively agreed to act as Saint Vincent's radiology department," Judge Gregory Massing wrote on behalf of the three-judge panel. "Accordingly, it assumed the duty to provide medical treatment consistent with the standard of care in the practice of radiology. That common-law duty included whatever duty the radiology department of an acute-care hospital with an emergency unit owes to the hospital's patients."