16 N.E.3d 1044
Mass.2014Background
- Hospital employed Levine as a pediatric physician from 1966 to 1985 in Boston; Levine later moved to North Carolina and worked at UNC School of Medicine.
- In 2009 Levine surrendered his North Carolina medical license amid allegations of medically unnecessary genital examinations of minors.
- In 2011, eleven former UNC patients sued Children's Hospital, alleging negligent training, supervision, and failure to report Levine's conduct, causing ongoing harm at UNC.
- Plaintiffs sought to amend to plead a special-relationship duty owed by Children’s Hospital to future patients, but the motion to amend was denied.
- Superior Court dismissed the complaint for failure to state a cognizable duty; the SJC granted direct appellate review and affirmed dismissal.
- The court held that a hospital does not owe a duty to future patients of a former employee working elsewhere, as a special relationship with unknown future plaintiffs is not sufficiently cognizable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hospital owes a duty of care to future patients of a former employee. | Roe argues a special relationship and foreseeability create a duty. | Children's Hospital contends no duty to unknown future patients exists. | No cognizable duty; dismissal affirmed. |
Key Cases Cited
- Lev v. Beverly Enters.-Mass., Inc., 457 Mass. 234 (Mass. 2010) (established special relationship doctrine for employer–employee risks)
- Iannacchino v. Ford Motor Co., 451 Mass. 623 (Mass. 2008) (pleading standards; need for factual basis to state a claim)
- Cottam v. CVS Pharmacy, 436 Mass. 316 (Mass. 2002) (duty element in negligence; existence of a duty as a threshold)
- Cremins v. Clancy, 415 Mass. 289 (Mass. 1993) (duty determined by policy and social values)
- Remy v. MacDonald, 440 Mass. 675 (Mass. 2004) (limits on expanding duty to avoid endless liability)
- Mullins v. Pine Manor College, 389 Mass. 47 (Mass. 1983) (community safety duties; campus security)
- McGuiggan v. New England Tel. & Tel. Co., 398 Mass. 152 (Mass. 1986) (special relationships with prospective victims)
- Jupin v. Kask, 447 Mass. 141 (Mass. 2006) (duty limits; not all foreseeability creates duty)
- Coombes v. Florio, 450 Mass. 182 (Mass. 2007) (doctor–patient duty; distinct from employer–employee duty)