Case Results – Medical Malpractice
Personal Injury Case Results – Medical Malpractice
Medical Malpractice; Improper Post Operative Care $435,000
In August 2002, the 55 year-old plaintiff underwent a gastric bypass procedure with no complications. During the post-operative period the plaintiff’s wife was troubled by her husband’s respitory condition and reported it to the medical staff but no records of these reports were noted on the plaintiff’s medical chart. The plaintiff continued to experience wheezing and shortness of breath but no testing was done to determine the cause of his degrading condition. At approximately 8:00 AM on the day of the decedent’s death, the decedent suffered a sudden cardiac event and despite several minutes of resuscitation attempts, the decendent died.
Trial Report for this Medical Malpractice Improper Post-Operative Care case.
Medical malpractice; Wilson’s Disease- failure to diagnose Wilson’s Disease. $1 Million Dollars
In January 2002, the plaintiff, a twenty-year-old female college student, developed a rash on her back, prompting a consultation with a dermatologist who prescribed the prescription drug Minocycline. Shortly thereafter, the plaintiff began to experience pedal edema and diarrhea. Lab tests revealed abnormal liver function and the plaintiff was referred to the defendant gastroenterologist for further evaluation.
Trial report for this medical malpractice Wilson’s Disease case.
Botched Circumcision. Amputation of Distal Glans Penis. Structured Settlement with Future Payment to Minor Totaling $1.26 Million Dollars (Present Value $550,000.00)
The plaintiff, a two-day old infant, suffered the amputation of the distal portion of his glans penis during a routine elective circumcision Using a Mogen Clamp. Parker Scheer, a Boston medical malpractice law firm, successfully demonstrated that the defendant pediatrician, was negligent both in his performance of the circumcision procedure, as well as in his failure to immediately summon the help of a qualified pediatric surgeon to effectuate the repair of the injury, which included a portion of the child’s ureter. There was no evidence of functional impairment apart from some tissue loss at the distal glans and a mild resulting hypospadias.
Trial report for this medical malpractice botched circumcision case.
Botched Circumcision; $1.27 million (structured)
The plaintiff underwent an elective circumcision performed by the defendant physician whereby the defendant negligently severed a portion of the tip of the minor plaintiff’s glans penis. The minor plaintiff was transported to Children’s Hospital where he underwent emergency reanastamosis of the severed tip. The procedure was highly successful, but a small degree of tissue loss and a minor hypospadeous resulted. The defense contended, notwithstanding the unfortunate nature of the occurrence, that the reattachment procedure was highly successful and that no long-term physical impairment or limitations were likely to be experienced by the plaintiff in later life. The plaintiff’s lawyer was prepared to offer medical expert testimony at trial that in the event the plaintiff became self-conscious of the injury during adolescence, lowered self-esteem and other psychological issues were likely to manifest. The case was settled following lengthy negotiations conducted before and following a full day of mediation.
Trial report for this medical malpractice botched circumcision case.
Drop of Surgical Patient – E.Coli Infection of Hip; $120,000.00
The plaintiff, a 54 year-old New Hampshire resident, underwent bilateral hip replacement surgery at the New England Baptist Hospital, Boston, in March of 1996. Two days following the second procedure, on her right hip, the plaintiff was being transported to Deaconess Hospital for post-surgical radiation. While attempting to load the patient, prone on a stretcher, into an ambulance, the defendant’s employees dropped the plaintiff on her right hip. Approximately six weeks following the incident, the plaintiff was re-admitted to NEBH and diagnosed with a deep E.coli infection in her right hip. The plaintiff underwent several additional surgeries, and eventually the right hip prosthesis was removed. The plaintiff was left with a girdlestone in place of her right hip for approximately one year before the prosthesis could be safely replaced. The plaintiff’s treating orthopedic surgeon and an infectious disease expert opined that the right hip infection was most likely due to the trauma associated with her fall. This malpractice case was settled after one day of mediation shortly before trial.
Laser Treatment – Failure to Obtain Informed Consent; $90,000
The 35-year-old plaintiff underwent CO2 laser treatment to treat deep pockmarks on the cheeks of her face at a laser treatment center. After reading a document provided by the defendant that listed only one risk associated with the treatment that could be resolved in a matter of weeks after the surgery, the plaintiff consented to the treatment and scheduled the procedure. Minutes before the plaintiff was scheduled to receive treatment, the plaintiff was provided with a second document that the plaintiff was asked to sign before they could proceed with the treatment. Believing that this informed consent agreement listed the same risks in the document the plaintiff previously signed, the plaintiff signed the agreement and underwent the treatment. After undergoing treatment, the plaintiff noticed a significant loss of pigment in the treated area. After the defendant confirmed that this would be permanent, the plaintiff learned that the consent document that was signed only minutes before undergoing treatment listed loss of pigment as a possible permanent consequence. The plaintiff’s lawyer argued that the defendant was negligent in its practice of listing two different sets of risks in two separate documents and that the practice was both unfair and deceptive. The case settled one month before trial.
Trial report for this medical malpractice laser treatment case.
Medical Malpractice; Failure To Diagnose And Timely Treat Testicular Torsion; $550,000
On January 5, 2003, the plaintiff, a then 25 year-old-man, experienced the sudden onset of severe testicular pain while lying in bed. That same night, he presented to the emergency department of a Boston-area hospital for evaluation of his symptoms. The emergency room physician who performed the examination of the plaintiff ordered a testicular ultrasound for what the physician believed to be a hernia. The radiologist who interpreted the ultrasound reported findings consistent with a hernia. The emergency room physician discharged the plaintiff with instructions to follow up with the surgical service for repair of his presumed hernia. Less than two days later, the plaintiff returned to the same emergency department with increased pain. He was initially thought to have an incarcerated hernia – given the previous diagnosis just two days earlier – but an examination performed by a physician at that time revealed the spermatic cord could be palpated above the scrotum – a finding that seemed to contradict the diagnosis of a hernia...
Trial report for this medical malpractice laser treatment case.
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Eric J. Parker is a co-founder of Parker Scheer LLP and serves as the firm's Managing Partner. With over 23 years of experience in complex personal injury trials, Mr. Parker represents adults and children injured or killed as a result of negligence.