Medical Malpractice

Patient suffers debilitating stroke after not receiving medication

Pre-suit settlement of medical malpractice case for 61-year-old man who suffered major stroke after his doctors and nurses failed to administer a critical medication for two days while the man was a hospital inpatient following cardiac surgery.

Medical Malpractice
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.

Extensive discovery leads to settlement after man suffers amputation at Boston-area hospital

Recovery for 31 year-old man following the negligent maintenance and removal of an Intra-Aortic Balloon Pump (IABP) at a Boston-area hospital, resulting in clotting, arterial tearing and eventual below-the-knee amputation. The plaintiff brought suit against multiple defendants presumed to be responsible for pressure applied to the IABP during the hematoma control and for the attempted balloon removal. The case settled following over a dozen depositions conducted by Sugarman attorneys, who were able to uncover the responsible medical providers, some of whom had not been identified in the medical records.

Cosmetic breast surgery malpractice

Settlement in medical malpractice cases for two separate patients of the same doctor who negligently performed elective breast procedures resulting in permanent disfigurement to both women.

Kirkwood-Boulter, et al. v. Massachusetts General Hospital, et al., 35 Mass. L. Rptr. 38 (2018)

The Massachusetts Appeals Court affirmed the trial court’s denial of a protective order requested by the defendant, Massachusetts General Hospital (“MGH”), in a medical malpractice case involving a labor and delivery at the hospital. MGH’s attorneys had sought to prevent SUGARMAN from questioning hospital witnesses as to whether or not the medical providers involved in the labor and delivery, including a travelling nurse supplied to MGH by a staffing company, had complied with MGH’s internal policies regarding fetal heart monitoring of the baby. The Appellate Court, however, agreed with SUGARMAN that such questions were permissible under the Massachusetts Rules of Civil Procedure. SUGARMAN’s attorneys eventually resolved the medical malpractice claims against the MGH providers before obtaining a $30.55 million jury verdict against the corporation that had supplied the travelling nurse to MGH.

Arbitration award for death caused by respiratory depression

Arbitration award for the family of a 68-year-old man who passed away just 12 hours following a routine hip replacement surgery. The patient died from complications of respiratory depression caused by the standard post-operative administration of narcotic pain medications.

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.

Medical malpractice – Anoxic brain injury and death

Settlement against physician and hospital following the death of a seventy-eight- year-old woman, who died from anoxic encephalopathy following an inappropriate dosage and combination of narcotic and anti-anxiety medications, and improper monitoring during MRI.

Displacement of lumbar interbody graft following surgery

Medical malpractice settlement for young mother and her family against a neurosurgeon who failed to properly place a lumbar interbody graft during a fusion surgery. Post-operative stage diagnostic studies revealed that the graft was displaced and deforming her iliac vein and arteries. The patient subsequently underwent two life threatening procedures and was left with significant neurological injuries.

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.

Wrongful 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 SUGARMAN attorneys obtained 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. The radiologist’s failure to properly read the x-ray resulted in a delay in treatment and significant and permanent injuries.

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 personal injury 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.