Greenwich Hospital in Connecticut did not engage in unfair trade practices by failing to disclose the drug-riddled past of one its top plastic surgeons, according to a state superior court ruling.
Diane Buchanan suffered nipple necrosis, a Staphylococcus infection and poor wound healing following a 2006 breast reconstruction surgery performed by Ian Rubins, MD, who died 2 years later of a heroin overdose.
As we previously reported, Ms. Buchanan accused Greenwich Hospital of negligence on grounds that administrators there reportedly knew since 1997 that Dr. Rubins had a history of drug use, but didn't disclose his addiction to patients until 2007.
Ms. Buchanan's lawsuit claimed Greenwich Hospital promoted Dr. Rubins as part of a "team of top breast specialists," despite its knowledge of his substance abuse history. The court ruling states the subjective professional judgment of a hospital about the medical competence of a doctor is not actionable under fair trade laws, but is "more appropriately tested as a malpractice claim."
The lawsuit also alleged Greenwich Hospital directly profited from its unfair acts and concealed its knowledge of Dr. Rubins' drug addiction from patients, despite knowing it would have been relevant to patients' knowledge of the risks and hazards of undergoing surgery at the facility. This accusation is "more appropriately considered as an issue of informed consent," the court ruled.
Attorneys for Greenwich Hospital and Ms. Buchanan did not immediately respond to requests for comment.
Daniel Cook
