Administration of Toxic Dose of Tumescent Solution is Possible Grounds for Malpractice – Thou v. Russo

We all want to trust our doctors, and in most cases that trust is well-placed. However, doctors make mistakes just like everyone else does. Unfortunately, when a doctor makes an error, serious injury or even death can result. If you believe you or a loved one has suffered an injury due to a medical mistake, you need an attorney with the experience and resources to handle your case properly.

In the case of Thou v. Russo, the plaintiff was the administrator of the estate of a woman who had allegedly died from the malpractice of the defendant doctor. The trial court dismissed the plaintiff’s malpractice action after an adverse decision of the medical malpractice tribunal. The plaintiff’s failure to post a bond was also a factor in the trial court’s dismissal of the suit.

The Facts as Alleged by the Plaintiff

According to the plaintiff’s complaint, the defendant doctor performed liposuction and abdominoplasty procedures on the decedent in 2011. The procedures took place over an approximately five-hour period. As the doctor was closing one of the wounds, the decedent’s blood pressure dropped suddenly. Her blood pressure was stabilized, and she was transferred to intensive care. An hour later, she died of cardiac arrest.

What Happened in the Trial Court

The plaintiff filed suit in 2012, asserting that the doctor’s negligence caused the decedent’s death.  He also requested a medical malpractice tribunal pursuant to Mass. Gen. Laws ch. 231, § 60B. A hearing was convened, and the plaintiff submitted an offer of proof. The tribunal determined that there was insufficient evidence to submit the case for judicial inquiry. The plaintiff did not post the required bond, and his complaint was dismissed.

The Decision on Appeal

On appeal, the court reversed. Since the plaintiff offered a letter by another physician to the effect that the defendant breached his duty to conform to good medical practice by administering a toxic dose of tumescent solution, by the use of general anesthesia, and by the use of Marcaine, the requirements of causation were met. According to the court, this offer of proof by the plaintiff was evidence that, if substantiated, would reasonably support an inference of medical malpractice. Since the tribunal erred in holding otherwise, the plaintiff was not required to post a bond to prevent dismissal of his claim against the defendant doctor.

What to Do If You or a Loved One Has Been a Malpractice Victim

The attorneys of the Law Offices of John C. Manoog, III, are currently accepting medical malpractice cases, including wrongful death cases, in the greater Cape Cod area. If you or someone close to you has suffered damages due to a medical mistake, we will be glad to discuss your case with you. To schedule an appointment with one of our experienced injury attorneys, call us at (888) 262-6664 or contact us online. There are time limitations for filing a malpractice claim, so don’t delay in making this very important phone call.

Related Blog Posts

Getting a Medical Malpractice Case Through Massachusetts’ §60B Tribunal Requirement — Bodden v. Nicholson

Can Attorney’s Payment of Medical Malpractice Bond Be a Factor in Setting Bond Amount — Faircloth v. DiLillo


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