Articles Posted in Medical Malpractice & Medical Negligence

This post is for all women out there who get mammograms – as a Boston injury lawyer, I can’t stress enough that you always need to get second, if not third opinions, to keep yourself safe. Otherwise, you may become a victim of negligence and medical malpractice.

Here’s a case that proves my point. A 46-year-old woman underwent mammograms in February 2006 and later, in February 2007, which were ordered by her primary care physician. Both of the mammograms were reported as normal, although the woman complained of nipple retraction. What’s notable here is what didn’t happen – there were no breast examinations performed in addition to the mammograms. Unbelievable to most people, but true.

Finally, in May 2008, the woman underwent yet another bilateral mammogram. This time it was reported as abnormal. Her right breast was biopsied, with ultrasound revealing that she had invasive ductal carcinoma. The woman underwent a right breast mastectomy in July 2008. She also had to withstand post-operative chemotherapy and further surgical procedures to eradicate her cancer.

Today’s post goes to show you that if you suffer a Boston personal injury due to any circumstances – including a Boston car crash – it is wise to always seek a second opinion from doctors. As a Dedham/Boston injury attorney, I know this for a fact, and now, here’s an unbelievable Massachusetts medical malpractice case that proves that point. I am sure you will be as shocked as I am when you read about it.

Back in February 2007 a man was involved in a Massachusetts motor vehicle accident and transported by ambulance to the emergency room. He complained of an inability to feel and move his limbs. Initially, he was diagnosed with an incomplete spinal cord lesion.

Unbelievably, the ER doctor discharged the patient (plaintiff) with normal exam results, despite his continued complaints of an inability to move.

File this under “You Should Always Get A Second Medical Opinion.” Because you never know when a medical doctor is going to give you the wrong information, and the next thing you know, you suffer serious injuries as a result. Sometimes, that “bad medical advice” can lead to death.

Such was the case in 2006, when Eric Dupre, 33 years old, of Fall River experienced chest pains, prompting him to visit a walk-in medical clinic in Somerset. The clinic’s doctor performed an EKG on him, which showed nothing abnormal. He was told to go home and rest. And he died 12 hours later.

His widow Michelle, and their two children, Riley and Zachary, filed a lawsuit alleging that Mr. Dupre’s death was the result of medical negligence by Prima Care, as well as that of the doctor, Dr. James Stubbert, and his physician’s assistant, Amber Mello. Just this week the case settled for $2.5 Million. As part of the settlement, all parties involved promised to not comment on the incident.

It’s the word we all never want to hear: cancer.

That was the very word that Mary White heard on Friday afternoon in May 2007. Her gynecologist called her to say that the polyp that she had had removed a week prior was actually “an aggressive uterine cancer.” The gynecologist told her she needed additional surgery urgently. to remove the cancer. Not surprisingly, she panicked at this information and had her uterus removed. Not too long after the surgery, however, she received another unexpected phone call. This time, her gynecologist informer her that in fact, she did not have cancer at all, and never did have cancer. The surgery removing her uterus, and rendering her sterile for life, was needless.

You don’t have to be a Boston medical malpractice attorney, as I am, to understand the tumultuous and devastating emotions that Ms. White suffered due to those two phone calls. Anyone would sympathize and empathize with her circumstances.

As I frequently say, the devil is in the details.

In a recent Massachusetts medical malpractice case in which the plaintiff was awarded a $350,000 settlement, both parties involved in the dispute argued whether the patient’s health problems were the result of a robotic surgery, or simply a case of hemorrhoids.

The settlement was the result of a botched surgery. The female patient underwent a robotic-assisted total hysterectomy and ovary removal for uterine fibroids and cysts. In the process of removing her uterus, the doctors also wound up damaging a substantial part of her sigmoid colon. This required an emergency loop ileostomy, in which she had to live with an ostomy bag so that waste could be drained. The patient was going to testify that she was never explained the risks of robotic surgery. This is that “small detail” which, in effect, turned out to be quite huge.

It is said that life is ironic. Occasionally an event comes along to prove that point, and today’s post is a tragic reminder of that.

The case is ironic because it involves catastrophic consequences of medical negligence, with the victim being a doctor and surgeon. The plaintiff doctor, 61 years old, underwent elective surgery for a condition known as cervical stenosis, which is a narrowing of the spinal canal. The operation required the placement of surgical screws into the spine, and the neurosurgeon performing the surgery drilled a hole into the plaintiff’s spinal cord. In the process, the surgeon punctured what is known as the dura of the spinal column, which is the membrane covering the spinal cord. The plaintiff awoke from the surgery a quadriplegic.

Following the surgery, the plaintiff underwent extensive inpatient physical rehabilitation for two months. Following months of physical therapy and medical management, he slowly – and surprisingly – improved. Before his rehabilitation began, he had to be lifted out of bed by an electric lift in order to be placed into a wheelchair. He had to be essentially “retrained” in every aspect of daily living, including not only basic ambulating, but in controlling bladder and bowel movements, and basic motor skills. Upon inpatient discharge, the plaintiff then had to undergo more extensive physical therapy for several additional months. He progressed from a wheelchair, to walking with forearm crutches, to using a walker, and he now walks with a cane. All in all, a miraculous recovery, most likely due to the fact that even though the doctor performing the surgery perforated the membrane covering the spinal cord, the spinal cord itself wasn’t punctured.