Professional Negligence Law Reporter

Doe dislocated his artificial hip while taking a shower. He went to a hospital ER where Roe, an orthopedic surgeon, attempted unsuccessfully to place Doe’s hip back in the socket. Doe was admitted to the hospital and underwent a complete hip replacement.

During the surgery—which lasted more than nine hours—Doe lost 4,000 ccs of blood, which led to dangerously low blood pressure. Doe failed to wake up after the surgery, and it was later discovered that he had suffered a brain injury from lack of oxygen during the procedure. He died the following day after being removed from life support.

Suit against Roe and a treating anesthesiologist alleged failure to stop the surgery in light of Doe’s blood loss and low blood pressure readings.

The defense reportedly asserted that Doe’s oxygen deprivation had occurred at the end of the operation and that there was nothing either physician could have done to prevent the outcome.

The parties reached a settlement in the case for $2.5 million during jury selection.

Citation: Doe v. Roe Orthopedic Surgeon, Undisclosed Dkt. No. (Mass., Confidential Ct. 2022).

Plaintiff counsel: AAJ member Robert M. Higgins, Boston.