Another doctor included in lawsuit

The Superior Court has allowed a man seeking damages against the Commonwealth Health Center for alleged medical malpractice to amend his complaint to include another doctor as co-defendant in his lawsuit.

Alvin Owens has a pending suit against Dr. Bernadette Saccomanno and the CHC. Owens wants to implead a certain Dr. Southcott as co-defendant.

Associate Judge David Wiseman junked the government hospital and Saccomanno’s opposition to the inclusion of Southcott in the lawsuit.

The defendants had contended that CNMI statutes, particularly the Government Liability Act and the Commonwealth Public Employee Legal Defense and Indemnification Act, essentially limits to $100,000 the damage amount recoverable from the government and its employees for tort liability arising from negligent act of its employees.

Under the defendants’ argument, Owens, if he wins the suit, will recover no more than $100,000, whether or not Southcott is included as defendant.

But Wiseman rejected the defendant’s argument, saying that the liability cap under the statutes only applies to the government employees’ acts or omissions within the scope of their office or employment.

“At this point in litigation, it is unclear what degree of liability any of the defendants will face, and whether the facts will clearly invoke the damage cap…or whether the level of malpractice, if any, will exceed its coverage,” Wiseman said in an order.

“[Owens’] proposed addition of Dr. Southcott to this lawsuit will aid the court’s stated policy by adding Dr. Southcott as a party, and making him subject to discovery rules inapplicable to non-parties,” the judge added.

The judge noted that Southcott allegedly examined and treated Owens at a time relevant to the case. He noted, though, that Southcott now currently resides off-island like Saccomanno, but said that the doctor’s inclusion in the lawsuit would ensure the latter’s timely participation in the case.

“The government has failed to meet its burden of showing undue delay, bad faith or dilatory motive on the part of [Owens], repeated failure to cure deficiencies by amendments previously allowed, undue prejudice, or futility in allowing [Owens’] amendment,” Wiseman said in granting Owen’s request for leave to file an amended complaint and include Southcott as co-defendant. (John Ravelo)