Case Results – Medical Malpractice
Personal Injury Case Results – Medical Malpractice
Medication induced toxicity leading to conscious pain and suffering and wrongful death; $1.5 Million
The decedent was admitted to a medical facility following difficulties she was experiencing at home caring for herself. When she was admitted, it was noted that she had a diagnosis of rheumatoid arthritis and was taking Methotrexate once weekly for management of her condition.
Trial Report for this Medical Malpractice Case
Transected ulnar nerve; $1.75 Million
The plaintiff was seen by his primary care physician after noticing a small lump in the bicep of his right arm, and was referred to a general surgeon for consultation. On examination, the defendant surgeon noted a palpable mass in the medial aspect of his right upper arm against his humerus, and diagnosed the mass as a “subcutaneous lipoma”, warranting surgical excision.
Dystonic Cerebral Palsy; $3.5 Million
The plaintiff, a 37 year-old woman, became pregnant with her second child. During her pregnancy, she presented to the defendant OB/GYN for periodic, routine evaluations. By the 37th week, the “fundal height” was not tracking consistent with the gestational age of the fetus. According to the defendant’s own deposition testimony, when a discrepancy exits between the fundal height and the gestational age that is two centimeters or greater in the absence of any other known explanation for the discrepancy, the requisite standard of care required that further evaluation and testing be performed. In this case, the discrepancy was greater than two centimeters after 37 weeks, but the defendant testified that despite the lack of any notes in the record explaining her investigation, the discrepancy must have been explained because she did not order any further testing. The mother’s medical chart, however, provided no description by the defendant as to her explanation for the discrepancy that would have warranted foregoing further testing.
Medical Malpractice; Transected Ulnar Nerve; $1.75 Million
The plaintiff was seen by his primary care physician for a small lump in the bicep of his right arm, and was referred to a general surgeon. The defendant surgeon noted a palpable mass in his right upper arm, and diagnosed the mass as a “subcutaneous lipoma”, warranting surgical excision. The plaintiff underwent the surgical excision of his right arm mass. Uncertain as to the potential innervation of the mass, the defendant requested an intra-operative consult with a surgeon that happened to be operating in a nearby operating suite. Despite much uncertainty, the defendant proceeded to clamp the attachments above and below the mass, and transected the mass. Upon transection, it was clear to the defendant that nerve fibers were within the mass and that the plaintiff’s ulnar nerve was completely severed.
Medical Malpractice; Improper Post Operative Care $435,000
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 respiratory 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.
Medical Malpractice- Wilson’s Disease- failure to diagnose Wilson’s Disease; $1 Million
The plaintiff, a 20 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.
Botched Circumcision. Amputation of Distal Glans Penis. Structured Settlement with Future Payment to Minor Totaling $1.26 Million Dollars (Present Value $550,000)
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.
Drop of Surgical Patient – E.Coli Infection of Hip; $120,000
The plaintiff, a 54 year-old New Hampshire resident, underwent bilateral hip replacement surgery at the New England Baptist Hospital, Boston. 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.
Medical Malpractice; Failure To Diagnose And Timely Treat Testicular Torsion; $550,000
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…
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