Physicians should shudder at a recent Massachusetts Supreme Court decision in Lyn-Ann Coombes, administratrix, vs. Roland J. Florio. In this case, Dr. Roland J. Florio was sued for negligence in the death of Kevin Coombes, who was struck by an automobile driven by 75 year old David Sacca, a cancer patient being treated by Dr. Florio. This begs the question, why was Dr. Florio sued. Mr. Coombes executor sued the Doctor claiming that side effects of the cancer drugs given to Mr. Sacca caused the accident. The Massachusetts Supreme Court allowed this argument to be heard by a jury, which means that Dr. Florio is potentially liable to a 3rd Party for failing to warn his patient about the side effects of medication.
While Mr. Coombes death is a tragedy, it is puzzling that a physician should have to consider such an unforeseeable event in the course of making patient recommendations. As I remember in my Torts class in law school, one of the requirements for negligence is that the defendant must be the "proximate cause" of the plaintiffs injuries, meaning that but for the Doctor's actions, the event would not have happened. The relationship here is tenuous at best. This is a scary precedent for physicians and demonstrates the need for asset protection planning by physicians.
