Professional Negligence Law Reporter

Doe, 85, experienced problems with her foot and had difficulty walking. She went to her primary care physician, whose office was located on a hospital campus. A family member dropped her off and went to find parking. As Doe walked through the entrance, she fell and fractured her hip. She developed a UTI over the next month, as well as the flu and pneumonia. One month after the fall, Doe died of respiratory failure.

Suit against the hospital and owner and manager of the primary care physician’s building alleged failure to provide a reasonable and safe means of patient access. The plaintiff asserted that the campus had previously provided valet service and occasionally had wheelchairs at the entrance but discontinued this due to cost.

The defense argued that it had no duty to provide valet service, wheelchairs, or nearby parking and that a bench out front was sufficient.

The parties settled for $950,000.

Citation: Doe v. Roes, Confidential Dkt. No. (Mass. Confidential Ct. Apr. 19, 2023).

Plaintiff counsel: AAJ member Michael J. Harris, Boston.