Here's a dirty secret: Going to a hospital could kill you.
According to published reports, hospital-acquired infections are the fourth largest killer in the United States, causing as many deaths as AIDS, breast cancer and auto accidents combined. One out of every twenty hospital patients suffers from an infection; impacting some two million Americans and causing over 100,000 deaths a year.
Within that framework, the outcome of a recent case struck us as unfair and contrary to the public interest. In Spina v. Jack D. Weiler Hospital of the Albert Einstein College of Medicine, Theresa Spina claims to have been exposed to tuberculosis while visiting her mother at a medical facility operated by the Defendants. Ms. Spina alleged in her complaint that the hospital was "negligent" for failing to warn patients and visitors of the exposure risk and for failing to isolate the patient who was suffering from the condition in a "timely manner."
When the Defendants moved to dismiss Ms. Spina's case, that effort was rebuffed by the Bronx County Supreme Court. On appeal, the Appellate Division, First Department, reversed citing the absence of a duty of care to non-patients "unless the physician's treatment of a patient is the cause of the injury to the non-patient...."
Low-cost safety precautions--like posted warning signs--were minimally warranted. And, while it is common knowledge that hospitals treat the sick and house those that carry communicable diseases, is it not clear that Ms. Spina knowingly assumed the risk that she would contract tuberculosis (or other disease) when she entered the Defendants' facility. A judge or jury should have been permitted to investigate whether appropriate safeguards should have been implemented.
The uncontrolled spread of contagious diseases furthers no public purpose. And, as nieve or as cliche as it may sound, we believe that medical facilities and their professionals owe a duty to "do no harm," and to protect the interests of the sick and healthy alike.
For a copy of the Appellate Division's decision in the Spina v. Jack D. Weiler Hosp. of Albert Einstein Coll. of Medicine case, please click on the following link:
http://www.courts.state.ny.us/reporter/3dseries/2006/2006_02807.htm