Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Tuesday, March 19, 2024 | Back issues
Courthouse News Service Courthouse News Service

Doctor in Sex Abuse Case Protected by Immunity

(CN) - A doctor accused of sexually abusing a patient in the late 1960s is protected by the doctrine of charitable immunity, the Massachusetts Court of Appeals ruled.

John Doe No. 4 sued Dr. Melvin D. Levine and Children's Hospital Medical Center for medical malpractice and negligence, claiming Levine sexually assaulted him while he received psychotherapy from 1967 to 1969. Five other patients have made similar allegations against Levine.

The hospital argued that the doctrine of charitable immunity, in effect at the time, precluded Doe's claim. Doe countered that he did not learn of his damages until 2006.

The trial court denied the hospital's motion to dismiss, but Judge Ariane Vuono overturned the decision, ruling that the discovery of the damages in 2006 is not relevant, but the date of the alleged abuse is.

"Doe's negligence claim arose no later that 1969, which is the year in which he alleges he was last treated by Levine. At the time, the hospital had the benefit of absolute charitable immunity," Vuono wrote.

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...