Medical Malpractice

Improper transport of patient

Settlement reached against a transportation company which dropped a disabled 77-year-old plaintiff off at base of driveway instead of escorting him to his door. Patient fell while walking to door.

Failure to follow fall prevention protocols causes patient’s death

A nursing home resident at high risk for falls sustained a hip fracture when she fell as a result of the nursing home medical staff failing to follow the appropriate fall prevention measures when assisting the patient to the bathroom. Rather than reporting the incident, the medical staff placed the patient back in her bed with a fractured right hip. The patient subsequently suffered a heart attack due to the trauma and died.

Patient dies after hospital administers wrong medication

Pre-discovery settlement in wrongful death medical malpractice case for family of a 91 year old man who died in a Boston-area hospital as a result of the medical staff giving him a high dose of a psychiatric medication intended for another patient. Soon after filing suit, SUGARMAN’s attorneys served a demand letter on the hospital’s insurer for its failure to make a settlement offer when liability was clear. The case settled soon after.

Wrongful death of nursing home patient

Settlement for family of elderly patient whose C. Difficile illness went untreated for several days when the staff at her nursing home in Boston failed to review critical laboratory results and failed to transfer the patient to a hospital for immediate care. By the time the patient was transferred to a hospital, four days after her symptoms began, she was septic and she passed away shortly thereafter.

Birth trauma – Failure to diagnose and treat placental abruption during labor

SUGARMAN lawyers settled an OB/GYN medical malpractice/wrongful death lawsuit after jury verdict in favor of our clients whose newborn child died because of negligent delay in performing a C-section delivery.

Failure to review ultrasound leads to stroke

In a medical malpractice case, SUGARMAN attorneys obtained a pre-discovery settlement on behalf of a patient who was admitted to a Worcester-area hospital with classic symptoms of an impending stroke. The emergency room physician failed to review the results of the patient’s carotid artery ultrasound, which showed severe blockage, and discharged the patient. The patient unfortunately suffered a massive stroke two days later.

Paralysis following back surgery

In 2017, the plaintiff underwent surgery at a Boston-area hospital to correct a herniated disc in his back. SUGARMAN’s attorneys demonstrated that the neurosurgeon performed the procedure with improper technique, resulting in permanent paralysis which could not be reversed with additional surgeries. The surgeon’s operative note was written and signed weeks after the initial surgery and the neuromonitoring records conflicted with the surgeon’s version of events. The case settled on behalf of the plaintiff and his minor son after discovery was nearly complete.

Smith v. Steinberg, 395 Mass. 666 (1985)

Allowed suit against doctor employed at University of Massachusetts, even though employees of the Commonwealth are generally immune from suit.

Death as a result of doctor’s failure to diagnose cardiac condition

Wrongful death settlement for widow and family of 48-year-old man against primary care physician for failure to properly examine, diagnose and treatment cardiac condition. The patient died as a result of the doctor’s malpractice.

Death following exploratory surgery

Settlement of medical malpractice lawsuit reached against surgeon in the death of 40-year-old patient who died from complications following exploratory surgery for infertility.

Death of twenty-one year old after allergic reaction

Just before the start of a scheduled trial and after significant discovery, SUGARMAN’s attorneys were able to obtain a settlement for the Estate of a twenty-one year-old man who died after the emergency room physician in a hospital outside of Boston failed to intubate the man for over an hour. The man had arrived at the emergency room barely able to breath due to an allergic reaction. Instead of performing a surgical airway, the physician attempted multiple incorrect methods of airway management, causing the patient’s death.

Wrongful death following surgery at Boston-area VA hospital

Settlement for widow and adult children of a 71 year-old veteran following improper placement of a feeding tube during esophagus surgery. During two separate surgeries, the defendant surgeon failed to secure the feeding tube into the small bowel and instead pierced the bowel, causing bile leakage, infection and the patient’s death. The case resolved following extensive discovery and prior to trial in the Federal Court for the District of Massachusetts.

Dentist’s failure to diagnose benign tumor

Settlement of medical malpractice lawsuit for 10-year-old patient whose tumor doubled in size as a result of delay in diagnosis.

Failure to diagnose slipped capital femoral epiphysis

Medical malpractice case settled during the appeals process after a jury verdict against a radiologist who misread the x-ray of 13-year-old boy who went to local emergency room with hip pain.

Failure to diagnose T-6 compression fracture

Medical malpractice settlement against physicians who sent patient home from hospital after a fall without diagnosing a compression fracture. The patient eventually was left paraplegic as a result of the delay in diagnosis.

Franklin v. Albert, 381 Mass. 611 (1980)

A cause of action does not accrue in medical malpractice cases under G.L. c. 260, §4 until the plaintiff knows, or reasonably should have known, of the harm from the defendant’s conduct. This decision allowed SUGARMAN lawyers to bring a claim on behalf of our client.

Liver transplants

Medical malpractice jury verdict and settlement against Boston-area transplant surgeon for wrongful deaths as a result of negligent liver transplant surgery.

Bois v. United States, 747 F. Supp. 109 (D. Mass. 1990)

A judgment won by SUGARMAN attorneys against the United States was upheld in a case of medical malpractice, in which the physician failed to diagnose throat cancer.

Zeller v. American Safety Razor Corp., 15 Mass. App. Ct. 919 (1983)

A patient was injured when surgical blade broke in her back during spinal surgery. Verdict for SUGARMAN’s client was upheld when the defendants expressly waived their objections to the admission of evidence by failing to properly preserve their argument under Mass.R.Civ.P. 50(a).

Medical malpractice by doctor and nurse midwife

Wrongful death settlement for the death of baby shortly following birth. The OB/GYN doctor negligently used Pitocin during labor and left the mother in the care of a midwife.

Medical malpractice during shoulder surgery

Settlement for a 26-year-old man who underwent surgery to treat a shoulder dislocation and suffered a brachial plexus injury as a result of the surgery that caused arm paralysis.

Hospital’s electronic medical records reveal physicians aware of patient’s condition

Recovery for the family of a 47 year-old man who died from pulmonary emboli following hip replacement surgery at a northeastern Massachusetts hospital. The patient’s family brought suit against multiple defendants responsible for the patient’s care during his recovery from surgery, including a nurse who failed to properly administer one of his medications. The case settled following extensive discovery, including multiple depositions of medical personnel who did not examine the patient, but were noted in audit logs to have accessed the patient’s electronic medical records shortly before his death and thus were aware of his condition.

Nerve injury during doctor’s removal of birth control device

Settlement in medical malpractice case on behalf of client injured when a Cambridge, MA doctor negligently removed an arm-implanted birth control device without confirming its anatomic location prior to removal. The client suffered significant deficits in the use of her arm and hand in the months that followed.

Wrongful death following failure to report lung mass

Pre-trial settlement of medical malpractice case for widow against radiologist and his medical practice. The client’s fifty-seven year-old husband had undergone an abdominal CT scan relative to gastrointestinal issues. The CT scan incidentally revealed a suspicious mass in the patient’s lung which was missed by the radiologist and never reported to the patient until it was found on a subsequent scan, resulting in a delay in diagnosis of lung cancer for nearly a year and a half. He underwent a resection, but the cancer returned months later. The patient was subsequently diagnosed with metastatic lung cancer and died the following year.

Medical Malpractice – Kidney Failure

Settlement for client and wife against urologist for failure to properly monitor for urinary retention due to enlarged prostate over the course of several years, resulting in kidney failure.