Anesthesia Malpractice - Brain injury and wrongful death

Injuries 
Profound brain injury, persistent vegetative state, wrongful death
Amount of Award
$2,040,000
Date of Settlement
March 2007
Plaintiffs’ Attorney
Marc L. Breakstone
Boston, Massachusetts
Court
Suffolk Superior Court
Details of the Case

The 72 year old victim suffered a profound brain injury during general anesthesia when the defendant attending anesthesiologist turned off the ventilator to suction the patient, but neglected to turn it back on when he reconnected the patient to the breathing circuit.  The attending anesthesiologist left the operating room to perform another procedure and left a first year resident anesthesiologist in charge.  During several minutes of deteriorating vital signs, the negligent defendant resident failed to appreciate that the ventilator had been turned off.  The doctor tried for several minutes to restore normal respirations, but failed.  Finally, the physician called for assistance and a third anesthesiologist came in and turned the ventilator back on.  Plaintiff was successfully resuscitated, but not before he suffered a profound hypoxic episode resulting in permanent brain damage. 

As a result of this malpractice, the plaintiff remained comatose in a persistent vegetative state until his death, 19 months later.  He was survived by two dependent children.  Claims against the attending anesthesiologist, the resident, the nonprofit anesthesia group and the nonprofit hospital, were resolved for the full policy limits in the amount of $2,040,000.00.

Choosing a Massachusetts
Anesthesia Malpractice Lawyer

Medical malpractice cases from anesthesia negligence are complex and difficult, and may take a long time to resolve. It is important to choose a malpractice attorney carefully. Our Choosing a Lawyer page answers many questions you may have about choosing an experienced Massachusetts medical malpractice attorney for your case.

Massachusetts Medical Malpractice
Practice Areas

Find out more about the kinds of medical malpractice cases which the attorneys at our firm handle on our page on Personal Injury Caused by Medical Malpractice.

If you feel you have a medical malpractice case, it is vital that you act immediately to protect your rights, as Massachusetts has strict statutes of limitations for medical malpractice cases. Please call us at 617-723-7676, or toll free at 1-800-379-1244, or use our contact form.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
★★★★★
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
★★★★★
Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh
★★★★★