Medical Malpractice

Hughes v. Tenet Metrowest Healthcare, et al., 2006-J-0579

The Massachusetts Appeals Court allowed the issuance of a significant pre-trial attachment against the assets of a for-profit hospital in a medical malpractice case involving the death of a 35-year-old mother of two children. Although the hospital had claimed that it did not have assets to satisfy a judgment, SUGARMAN’s attorneys were able to identify a significant and previously undisclosed corporate account through painstaking work and forensic accounting. The case settled soon after the decision.

Morgan v. Lab. Corp. of Am., 65 Mass. App. Ct. 816 (2006)

Jury verdict against medical laboratory for negligently reporting test results leading to a patient’s permanent nerve damage. The Massachusetts Supreme Judicial Court rejected the medical laboratory’s appeal and affirmed the jury’s verdict won by SUGARMAN.

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.

Breast cancer – Misread mammogram

Medical malpractice settlement against radiologist for failure to properly read a mammogram and diagnose breast cancer in a mother of four young children.

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.

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.

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 Diagnose Melanoma

Settlement against pathologist who misdiagnosed mole as benign. Patient died of melanoma four years later.

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.

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.

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).

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.