Latest News 2012 June Widow Files Med Malpractice Suit as Examining Board "Not Sufficient"

Widow Files Med Malpractice Suit as Examining Board "Not Sufficient"

A widow has filed a lawsuit after the Medical Examining Board failed to do more in disciplining an MD who's surgical mistake cost her husband his life, as reported by the News Times from New Milford, Conn.

The medical malpractice suit names Dr. M.W. as well as his employer, the New Milford Hospital, and where he was an associate, the Radiological Associates of New Milford.

Attorney John J. Houlihan filed the suit on behalf of the widow in Litchfield's Superior Court. On May 25 Houlihan told reporters, "The suit was filed recognizing the fact that the Department of Public Health sanctions against Dr. (M.W.) were between the state and the doctor. No action they took or can take compensates (D.D.) for her loss."

Examiners with the Department of Public Health determined that M.W. perforated T.D's spleen during a radiological procedure in April 2010. Three days following the procedure, T.D., 74, died at Danbury Hospital.

Six hours following the procedure T.D. had returned to New Milford Hospital due to complications and was later transferred to Danbury Hospital.

The medical examiners determined that though M.W. "recognized that he had perforated the spleen" he sent his patient home without enlightening him to the facts.

Public health documents also show that that M.W. failed to take on the appropriate monitoring of his patient following the procedure.

The board sanctioned M.W., now unemployed, on April 17. The board also placed a reprimand on his license to practice as a physician and surgeon in the state of Connecticut, and for one full year all of his work must be monitored, at his own expense, by a licensed radiologist.

On May 25 D.D. told reporters, "I filed this suit basically because I felt like the reprimand from the Medical Examining Board was not sufficient. I thought the board should have taken a stronger action, and this is the only avenue of action left to me."

The lawsuit reads, "As a result of the departures from the standard of care on the part of the defendant, (M.W.), M.D., his servants, agents, and/or employees, the patient suffered blood loss, pain, anxiety, shortness of breath, pain and anguish, all of which caused his death on or about April 29, 2010."

Houlihan added, "What we are saying is that this was a very preventable death."

Andrea Rynn, the director of public relations for New Milford Hospital, that falls under the Western Connecticut Health Network, said, "We've previously shared that we are sorry for the loss this family has experienced and would like to reiterate this sentiment. We are obligated by, and respect, the state and federal privacy laws that prohibit us from commenting further."

M.W. has since resigned from both New Milford Hospital and Radiological Associates of New Milford.

Contact a medical malpractice attorney if you or someone you love has experienced pain – or death – due to mistreatment in a hospital or medical facility. Demanding that your damages be recovered, or that changes be made, are both possible outcomes in a lawsuit.