Medical Malpractice

Aorta pierced during routine surgery

Just prior to scheduled trial, SUGARMAN’s personal injury attorneys were able to obtain a substantial settlement for a patient who suffered catastrophic blood loss when the defendant surgeon pierced the patient’s aorta with a surgical instrument during a surgery to treat diverticulitis. The surgery occurred at a hospital near Worcester, Massachusetts. The patient’s blood loss led to the development of severe neurological injuries and personality changes that ended his work career and had a devastating effect on his marriage and family life.

Recovery for young child who suffered hypoxia following discharge

SUGARMAN attorneys were able to reached a settlement during trial of a medical malpractice case on behalf of a now young girl and her parents. Weeks after her birth, the infant presented to a Boston-area hospital with respiratory distress. Despite showing signs of continued problems with breathing, the hospital staff discharged the infant home with her parents. Within 10 hours, the infant was found not breathing and suffered a severe brain injury due to lack of oxygen. SUGARMAN alleged through expert testimony that the infant’s brain injury would have been prevented or severely lessened had she been in the hospital when her respiratory condition became critical.

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.

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.

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.

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 liver transplant

SUGARMAN Principal Marianne LeBlanc obtained a jury verdict in a medical malpractice claim against a Boston-area transplant surgeon for wrongful death as a result of negligent liver transplant surgery.

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.

Negligent removal of kneecap during surgery

Medical malpractice settlement against orthopedic surgeon and his practice group for the inappropriate surgical removal of a 50-year-old man’s left kneecap in treatment of multi-compartmental knee arthritis.

Failure to report abnormal CT scan results

Pre-lawsuit settlement for family of a 73-year-old widow who died from metastatic lung cancer after cardiothoracic surgeon failed to inform her of a mass in her lung visible on CT Scan three years earlier.

Severely disabled man asphyxiates in bed rails

Settlement reached for family of 34-year-old man with cerebral palsy who died after accidentally asphyxiating himself between metal railings and the base of his bed after his caretakers left him in his bed awake and unattended for three hours.

Mismanagement of labor results in newborn’s death

Settlement of medical malpractice case for parents of newborn who died several hours after her birth due to the mismanagement of her labor and delivery, resulting in severe anoxic injury.

Improperly positioning patient during surgery

Gynecological malpractice verdict against OB/GYN for negligence in improperly positioning patient during surgery resulting in neuropathy, and injury to her ureter. The verdict is the largest ever recorded in the District Courts of Massachusetts.

Failure to diagnose hyperbilirubinemia in newborn

Settlement for bilateral hearing loss in newborn where lab test showed elevated levels, but lab and physicians failed to act.

Failure to diagnose fatal heart attack

Settlement in medical malpractice wrongful death case for family of a 47-year-old man who was improperly discharged from the hospital following failure to diagnose and treat an evolving heart attack, resulting in his death several hours after discharge. This was the second largest medical malpractice settlement reported in Massachusetts in 2017.

Man dies of heart attack after being sent home from health clinic

Substantial recovery for family of man in his fifties who was sent home from a walk-in clinic and died shortly thereafter from cardiac arrest.

Emergency room negligence

A physician’s failure to perform emergency CT scan to diagnose spinal cord compression resulted in paraplegia for patient at Boston hospital. The medical malpractice lawsuit settled before trial.