05/04/2010 // West Palm Beach, Florida, USA // Sandra Quinlan // Sandra Quinlan
Denver, CO—A hospital and anesthesiologist were named in a civil lawsuit, filed with regard to a woman’s contraction of hepatitis C while undergoing surgery at the medical center. The medical malpractice suit, which is the first to represent one of the thousands allegedly exposed to the disease at Rose Medical Center, was filed in Denver District Court on Sunday, May 2, 2010. The plaintiff is seeking unspecified compensation for her injuries and damages, according to information provided by TheDenverChannel.com.
The medical malpractice lawsuit stems from plaintiff Antoinette Fleisher’s January 22, 2009 surgery at Rose Medical Center, in which she apparently became infected with hepatitis C during the procedure. Kristen Parker was the scrub technician during Fleisher’s surgery. According to pending litigation, Parker allegedly had enough time to switch a Fetanyl syringe, prepared by anesthesiologist Dr. Shawn Roth, with her own used and tainted needle.
Parker is currently serving a 30-year prison sentence for repeatedly stealing syringes of Fetanyl, a surgical pain reliever, and subsequently replacing them with used saline-filled syringes. In doing so, Parker allegedly passed hepatitis C onto thousands of patients at Rose Medical Center and Audubon Surgery Center.
The lawsuit, contends, “Rose knew or should have known that members of the public, including Ms. Fleisher, would come into contact with its employees, agents, independent contractors and/or servants, including surgical scrub technician Kristen Parker… Rose knew or should have known that the public could suffer foreseeable harm if its employees, agents, independent contractors and/or servants, including Kristen Parker, failed to perform their assigned duties in a safe, skillful and competent manner.”
Along with claims of irresponsible and deliberate infliction of emotional distress, Fleisher’s attorney claims that since the plaintiff was on the premises of Rose Medical Center when she contracted the disease, the hospital is liable for her injuries. A complaint of “respondeat superior”, in which the medical center could be held responsible for the negligent actions of one of its employees, was also included in the lawsuit.
Fleisher’s lawyer alleges medical negligence on the part of anesthesiologist Dr. Shawn Roth as well.
The case continues.
Legal News Reporter: Sandra Quinlan- Legal News for Colorado Medical Malpractice Attorneys.
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