Massachusetts High Court: Doctors' Responsibility Goes Beyond His Patients

By Alison Gonzalez

Published on December 11, 2007

In the first decision making doctors liable for harm to nonpatients, the court reversed a ruling in the lawsuit against Dr. Roland Florio brought by the mother of 10-year-old Kevin Coombes, who was struck by his patient David Sacca, 75, near his Stoughton home.

Sacca lost consciousness while driving and killed the boy in 2002.

Florio's attorneys said the doctor told Sacca it would not be safe to drive until his treatment for lung cancer was completely over. Sacca was given the okay to drive again when he finished treatment in 2001.

However, Coombes' mother sued Florio, saying the post-treatment medications Sacca took made him lose control of his car. She said the doctor acted negligently by failing to warn Sacca about the side effects of his medications, including drowsiness and dizziness.

A Superior Court judge dismissed the case, saying Florio's responsibility was limited to patients. The Supreme Judicial Court overturned the decision, saying Florio's duty extended to anyone put in danger by his failure to warn Sacca about the side effects.

Doctors said the ruling could hinder treatment decisions for fear of being sued or increase the number of medical malpractice suits if no additional limits are imposed on a doctor's liability.

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