Posts tagged "1113315"

Doe, et al. v. Boston Medical Center Corporation (Lawyers Weekly No. 11-133-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   13-P-1998                                       Appeals Court   JANE DOE & another[1]  vs.  BOSTON MEDICAL CENTER CORPORATION. No. 13-P-1998. Suffolk.     May 6, 2015. – September 9, 2015.   Present:  Rubin, Brown, & Maldonado, JJ. Practice, Civil, Summary judgment.  Negligence, Hospital, Duty to prevent harm, Foreseeability of harm.   Civil action commenced in the Superior Court Department on March 2, 2011.   The case was heard by Heidi E. Brieger, J., on a motion for summary judgment.     Matthew W. Perkins for the plaintiffs. Joseph A. King (Kevin M. Sullivan with him) for the defendant.      BROWN, J.  The plaintiffs, Jane and John Doe, filed an amended complaint for negligent supervision and loss of consortium, arising out of an assault on Jane by Boston Medical Center Corporation (hospital) interpreter Thomas Consoli.  A Superior Court judge entered summary judgment in favor of the hospital.  The plaintiffs appeal.  We reverse. 1.  Background.  We summarize the relevant facts from the record in the light most favorable to the nonmoving party.  See Foster v. Group Health Inc., 444 Mass. 668, 672 (2005).  The facts as written are undisputed.  In 2004, after obtaining a Criminal Offender Record Information (CORI) report from the Criminal History Systems Board, indicating no prior criminal convictions, the hospital hired Consoli as an interpreter.  Shortly after being hired Consoli was oriented and informed of the hospital’s policies.  One such policy was that as an interpreter, Consoli was never to touch or be alone with any patients.  This policy was self-regulated by Consoli, that is, the only person to insure that Consoli was never alone with a patient was himself. On March 31, 2008, Jane, a Spanish-speaking immigrant from Guatemala who understands minimal English and has no formal education, was admitted to the hospital in connection with the impending labor and delivery of her first child.  She was directed to a room and changed into a hospital gown.  At or shortly after 3:05 P.M. Consoli entered Jane’s hospital room and translated between Jane and Jane’s doctor and nurse.  After speaking with Jane, Consoli and the medical team went out of the room, leaving her door open.  Consoli told the nurse that he was going to another assignment in triage, but when she departed, he remained outside Jane’s room. Soon after, Consoli reentered Jane’s room, alone, and asked Jane where she felt pain.  He told her that he […]


Posted by Massachusetts Legal Resources - September 9, 2015 at 8:11 pm

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