$1,250,000 Medical Malpractice – Surgeon leaves operating room, nerve damage
Surgeon leaves operating room, nerve damage
Injuries: Failed fusion, permanent nerve damage.
Amount of Settlement: $1,250,000.00
Date of Settlement: September 2004
Plaintiff’s Lawyer: Attorney Marc L. Breakstone Boston, Massachusetts
Details of Case
On July 10, 2002, plaintiff underwent a spinal fusion surgery at Mount Auburn Hospital. During the surgery, defendant physician left the hospital to cash a check at a bank in Harvard Square. He was absent from the operating room for thirty-five minutes, during which time no qualified orthopedic surgeon was present in the room. Upon his return from the bank, the defendant physician finished the procedure.
The following day, plaintiff noted significant neurological symptoms in his right lower leg. That day, defendant was suspended from the staff at Mount Auburn Hospital. No physician was appointed to take over plaintiff’s care. As a result, no attention was directed to his apparent nerve injury.
Defendant was ultimately suspended from the practice of medicine for his gross indiscretion in leaving a patient under general anesthesia to visit the bank. The announcement of his suspension garnered national news coverage.
Approximately one year later, plaintiff underwent a second spinal operation to remove the hardware, including displaced hardware. Six months later, he underwent a third procedure to redo the fusion.
Plaintiff is left with a permanent right leg nerve injury which interferes with his ability to walk. It should be noted that at the time of the original surgery, plaintiff was already on disability and workman’s compensation due to a longstanding back injury. The case settled during the second day of mediation.
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