MA: OR Nurse Claims Comp. for MCS: Comp. Denied Due to `Medical Uncertainty'.
COURT'S OPINION: The Supreme Court of Massachusetts reversed the decision of the Board, thus denying workers' compensation benefits to Nurse Canavan. The court noted that in a separate law suit, the nurse (and others) sued the Hospital seeking common-law tort damages, because of her affliction with MCS. The court noted that the Hospital challenged the reliability of Dr. LaCava's opinion that the employee suffered from MCS, and that the MCS was caused by the chemicals present at the Hospital. The court noted that the Board admitted both of Dr. LaCava's opinions into evidence. The court concluded that the testimony was improperly admitted noting that Dr. LaCava admitted in cross-examination that there "is medical uncertainty as to the cause of MCS." In re Canavan 733 N.E.2d 1042 - MA (2000)
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for nearly 40 years, he concentrates in health care law with the Providence, R.I., firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers and Marquis Who's Who in American Law.
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|Author:||Tammelleo, A. David|
|Publication:||Nursing Law's Regan Report|
|Article Type:||Brief Article|
|Date:||Sep 1, 2000|
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