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Confronting Medical Error

By Michael D. Brophy

In September of this year, a medical malpractice suit pending in Wilkes-Barre, PA, generated significant publicity as the case proceeded to trial. In that case, plaintiffs Tukishia and William Bobbett filed suit against Mercy Hospital and several physicians following the death of their 4-year-old son in the hospital's emergency room. The child, Torajee Bobbett, died after spending more than 9 hours at the hospital on July 19, 2001 into July 20, 2001, without obtaining proper treatment, according to documents filed in the court record. Several aspects of plaintiffs' claim related to alleged deficiencies with the Emergency Department's policies, procedures and staffing at the time Torajee was treated.

The case garnered additional media coverage, somewhat sensational in nature, when the Chief Executive Officer and another top official of the hospital reportedly testified that they produced dozens of altered documents to the plaintiffs' attorneys during the discovery phase of the litigation — and did so knowingly, with the knowledge of their attorneys. This article does not intend to address the unfortunate allegations and courtroom testimony related to this issue, as a complete record has not been developed, and the hospital's defense counsel — whose reputation and integrity were held in high regard prior to the lawsuit — has not yet had a fair opportunity to address the allegations against him. (Indeed, the attorney/client privilege would probably prevent him from doing so).

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