Lawsuit: RI Family Claims Medical Negligence by VA Hospitals Resulted in Death

Lawsuit: RI Family Claims Medical Negligence by VA Hospitals Resulted in Death

A family in Rhode Island has sued the United States of America - and doctors employed at Veterans Administration (VA) hospitals - for “claims of injuries and death due to the medical negligence of employees of the United States and treating providers.”

Johnston resident Elisa Gemma and her daughter Sherry say that after Raymond Gemma - their late spouse and father, respectively - underwent robotic surgery at the Jamaica Plains/Boston VA hospital in November of 2020, that he was “owed a duty” by the defendants, including the Providence VA, to “exercise the degree of skill and care ordinarily as is exercised by hospitals providing medical and surgical services.”

Instead, the Gemmas allege the defendants “breached its duty as aforesaid and negligently failed to timely diagnose and treat [Raymond Gemma’s] medical condition, and otherwise negligently diagnosed, treated and cared for Plaintiffs’ decedent and failed to exercise reasonable care in the treatment of Plaintiffs’ decedent Raymond Gemma.”

Moreover, the Gemmas claim their late family member was not informed of the risks of the surgery - and would have never opted to have it, had he known. 

The lawsuit was filed in the Federal Court in the District of Rhode Island.


About Allegations

According to the Gemmas, who are being represented by attorney Mark Grimm, as a “direct and proximate result of the Defendant’s breach of duty” that Raymond Gemma “developed Stage IV metastatic carcinoma and peritoneal carcinomatosis, suffered severe pain of body and mind, emotional and mental anguish and distress, incurred medical expenses, required extensive medical treatment and hospitalization.”

They say he was “rendered permanently injured and disabled, and otherwise suffered damages recoverable by his estate and the statutory beneficiaries pursuant to [Rhode Island General Law.]

“As a direct and proximate result of Defendants’ negligence as aforesaid, Plaintiffs’ decedent, Raymond Gemma, suffered severe personal injuries and ultimately died on March 23, 2023,” the lawsuit goes on to state.  “Elisa Gemma, in her capacity as Administrator of and on behalf of the beneficiaries of the Estate of Raymond Gemma, seeks damages under  R.I.G.L. §10-7-1 et seq. and demands judgment against the Defendant United States of America in a sum in excess of the jurisdictional requirements of this Court, together with interests and costs.”

The Gemmas are suing physicians individually allegeing negligence; they are also suing the U.S. on the count of “informed consent” - alleging that employees at the Jamaica Plains/Boston VA Hospital and the Providence VA “had a duty to inform Plaintiffs’ decedent, Raymond Gemma, of the material risks of and reasonable alternatives to the treatment and robotic surgery to be provided to Plaintiffs’ decedent, Raymond Gemma and to otherwise obtain his informed consent.”

“Nonetheless, Defendant, through its agents, servants and employees, breached its duty as aforesaid and negligently failed to properly inform Plaintiffs’ decedent, Raymond  Gemma of the material risks of and reasonable alternatives to the treatment and robotic surgery to be provided, and otherwise negligently failed to obtain his informed consent,” it continues. 

The Gemmas allege that Raymond Gemma would have never opted for the surgery. 

“Had Plaintiffs’ decedent, Raymond Gemma, been properly informed of the material risks of and reasonable alternatives to the robotic surgery performed, he would have chosen not to undergo said robotic surgery for treatment of his condition,” the lawsuit maintains. “As a direct and proximate result of the Defendant’s breach of duty as aforesaid, Plaintiffs’ decedent developed Stage IV metastatic carcinoma and peritoneal carcinomatosis, suffered severe pain of body and mind, emotional and mental anguish and distress, incurred medical expenses, required extensive medical treatment and  hospitalization, was rendered permanently injured and disabled, and otherwise suffered damages recoverable by his estate and the statutory beneficiaries pursuant to R.I.G.L.”

The family is also suing surgical company Intuitive Surgical for negligence and strict liability.

The Veterans Administration did not respond to requests for comment.

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