A federal lawsuit is asking a judge to declare that employers can be held liable for injuries suffered as a result of practices that involve medical procedures, such as surgery, that can be performed by doctors.
The suit filed in U.S. District Court in Chicago by three doctors, all affiliated with the University of Chicago, says the practice of using medical procedures by doctors is “medical negligence” and that “a doctor who performs surgery and uses a medical device in the course of such surgery has breached their ethical obligations to provide a safe and effective medical treatment.”
The lawsuit names the University Health Network, which operates Chicago Health, the Chicago Medical Association, and three doctors who performed surgeries on patients.
It says the physicians’ actions violated federal law by failing to properly document the procedures performed and by not disclosing the use of the devices and procedures that were used.
The doctors said in the lawsuit that they had no knowledge that the surgeries were performed with a medical equipment that was not approved for use by the hospital and had no intent to mislead patients.
The lawsuit says that, during the five-month period that the plaintiffs were employed by the network, the network was unable to obtain the approval of a licensed surgeon for use of devices and the procedures that it performed, and that the surgeons “misled” patients and patients’ families by using the devices without their knowledge.
The plaintiffs also say the network violated federal rules that require hospitals to maintain and maintain records of the use and use of medical equipment, and to report any problems related to the use or use of a medical instrument or device to the FDA.