The parents of 7-month-old Kaylee Marie Drolet are suing Baystate Medical Center in Springfield and four doctors for Massachusetts medical malpractice. Matthew Drolet and Samantha Martino claim the defendants conducted an autopsy on Kaylee and took out her organs without their consent. The hospital disagrees, claiming that Martino gave her verbal consent that her baby’s organs could be removed.
Kaylee passed away on March 31, 2007. The infant had suffered from a very rare genetic disease called Charged syndrome.
Martino, 26, says that minutes after Kaylee was pronounced dead, a hospital doctor asked her to complete paperwork for an autopsy. She claims that she asked him to come back later but that he never did.
Martino and Drolet, 24, say that they didn’t know that Kaylee’s organs had been removed until after the funeral director told them that they were not in her body. The couple filed their Massachusetts injury lawsuit in Hampden Superior Court. They are claiming emotional distress, pain, and suffering.
A Baystate spokesperson contends that the hospital abided by state regulations and its own policy when getting Martino’s consent and that two hospital employees were on the phone when she agreed to the procedure.
However, Martino denies giving her consent and her signature is not on the consent form. Barring certain exceptions, usually involving public health and criminal issues, under Massachusetts law and regulations next of kin must give their consent before an autopsy can be conducted.
Boston Medical Malpractice
Medical mistakes can be extremely traumatic for the victims and/or their families. If you believe that you or your loved one underwent the wrong surgery, an unnecessary medical procedure, or were the victims of hospital negligence, medication mix-ups, failure to obtain informed consent, anesthesia errors, wrong diagnosis, delayed diagnosis, poor postoperative care, or any other type of medical mistake, it is important that you explore your legal options for filing a Boston, Massachusetts malpractice claim as soon as possible.
‘Her heart is somewhere else’, Boston Herald, July 11, 2010
Springfield MA-based Hospital Sued for Autopsy, Organ Removal Without Consent, Justice News Flash, July 12 ,2010
Related Web Resources:
Baystate Medical Center
Massachusetts Law About Burial, Cremation and Funerals, Massachusetts Law Libraries