NH Medical Malpractice Attorneys

7.17.2023

Lubin & Meyer Sets Pace for 2023 in Medical Malpractice Verdicts

New England's top injury law firm has represented New Hampshire plaintiffs and their families for over 40 years.

In the first five months of 2023, Lubin & Meyer obtained five consecutive multimillion dollar verdicts totaling more than $75 million. At the same time the firm secured more medical malpractice and personal injury settlements at or above $1 million than any other firm in the region. Among these results is a record-setting $15 million settlement against Boston Children’s Hospital that has garnered nationwide attention.

Lubin & Meyer medical malpractice lawyers have represented NH clients for 40+ years

“Year after year, we remain the go-to law firm for medical malpractice and personal injury cases due to our continued success securing record-setting results that compensate victims, protect the public and inspire change,” said Andrew C. Meyer, Jr., firm founder. Meyer was recently named one of the “Most Influential Bostonians” by Boston magazine in its May 2023 issue.

The record setting jury verdicts are:

$28.8 Million Verdict: Brown vs. Browell, M.D., et al - Failure to diagnose and treat aortic aneurysm and dissection

$28.8 Million Verdict: Luppold vs. Flores, N.P., et al - Leg amputation due to blood clot twice misdiagnosed as sciatica by ER

$10 Million Verdict: Lucifora vs. Kroll, M.D., et al - Failure to advise follow-up on CT scan finding resulting in lung cancer death

$4.95 Million Verdict: Gadde vs. Gordon, M.D., et al - Failure to properly test for cancer

$4.65 Million Verdict: Bunker vs. Dhillon, M.D., et al - Failure to diagnose and treat stroke

See our ad in the New Hampshire Bar News

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

Questions about an injury or death due to medical malpractice? Contact our medical malpractice lawyers for a free case review in New Hampshire, Massachusetts, or Rhode Island.

6.22.2023

How Safe Are New Hampshire Hospitals?

Check Your Hospital’s Safety Grade

Twice a year, the Leapfrog Group grades hospitals nationwide based on national performance measures* to produce an A, B, C, D or F letter grade representing a hospital’s overall performance in keeping patients safe from preventable harm and medical errors.

New Hampshire hospital safety grades for Spring 2023

What is the Leapfrog Hospital Safety Grade?

The Leapfrog Hospital Safety Grade was launched in 2012 to help increase awareness of hospital errors, injuries, accidents and infections.

The Safety Grade includes 27 measures, all currently in use by national measurement and reporting programs. These include:

Infections, such as MRSA, C. diff, infections in the blood during ICU stay or surgical site infections.
Surgical mistakes, such as objects left behind, death from treatable complications, collapsed lung
Error prevention practices, such as handwashing, communication about medicines, ordering medicines through a computer
Patient safety problems, such as dangerous bed sores, patient falls, air or gas bubble in the blood
Doctor, nurse and hospital staffing, such as enough qualified nurses, specially trained doctors for ICU patients, responsiveness of hospital staff...

How Safe Is Your Hospital?

Go to www.hospitalsafetygrade.org to search by hospital or state to view specific hospital scores

* National performance measures include those from the Centers for Medicare & Medicaid Services (CMS), the Leapfrog Hospital Survey, the Agency for Healthcare Research and Quality (AHRQ), the Centers for Disease Control and Prevention (CDC), and the American Hospital Association’s Annual Survey and Health Information Technology Supplement.

5.02.2023

Nicholas Cappiello Presents on Medical Malpractice Cases in New Hampshire

NH medical malpractice lawyer Nick Cappiello

New Hampshire medical malpractice attorney Nicholas D. Cappiello, of Lubin & Meyer PC, is among the faculty in the New Hampshire Bar Association seminar, Medical Malpractice Cases in New Hampshire. This full day seminar with live webcast takes place Thursday, May 11 from 9:00 a.m. to 4:30 p.m.

The program features some of NH's most experienced medical malpractice practitioners. The program covers the handling of medical malpractice cases from start to finish, including presentation on:

selecting and commencing a claim,
insurance policies and coverage,
retaining and examining witnesses,
the standard of care,
special challenges in mediation,
physician licensing and the Board of Medicine,
pros and cons of screening panels, and
providing causation and damages in medical injury cases.

Nicholas Cappiello, a partner at Lubin & Meyer, dedicates his practice to medical malpractice and general liability litigation. Selected among Boston magazine's Top Lawyers for 2022, he has secured multi-million dollar settlements for injured clients in both Massachusetts and New Hampshire, and has contributed to several record-setting jury awards, including:

$13.5 million verdict for the family of a 40-year-old woman who died from an infection while undergoing cancer treatment at Dana-Farber Cancer Institute
$10.7 million verdict for a 55-year-old man who required multiple surgeries from a perforated intestine and an abdominal infection
$8.5 million verdict for the family of a NH man who was killed when he was run over by a tractor trailer truck

5.23.2022

Lubin & Meyer Attorneys Featured on the Cover of New England’s Best Lawyers

Magazine describes Lubin & Meyer as the hardest-working, most successful medical malpractice and personal injury law firm in New England

The 2022 edition of New England's Best Lawyers, as seen in The Boston Globe, features five Lubin & Meyer attorneys on its cover along with a feature article: Success and Leadership by All Measures.” The annual publication lists the most recent attorneys in New England who are named to the peer-reviewed Best Lawyers listing.

Lubin & Meyer attorneys who a recognized in the practice areas of medical malpractice and personal injury law, and who appear on the cover are (from left to right):

Nicholas D. Cappiello
William J. Thompson
Krysia J. Syska
Andrew C. Meyer Jr.
Robert M. Higgins
Adam R. Satin

From the issue:

Success and Leadership by All Measures

Lubin & Meyer has earned its reputation as the hardest-working, most successful medical malpractice and catastrophic personal injury law firm in New England. And the proof is in the results.

By Justin Smulison

New England’s Best Lawyers 2022

"The success of injury law firms can be measured in various ways. It could be quantified by the number of favorable results and total amount of compensation; or one could qualify it through the firm’s influence on the law, its impact on the community as well as by the level of client satisfaction. Lubin & Meyer is considered New England’s most successful medical malpractice and catastrophic personal injury law firm by consistently outperforming all other law firms in each and every one of these areas. While other firms may assert these claims in their advertising, Lubin & Meyer advises to compare actual results when choosing a law firm.

Continue reading: Lubin & Meyer attorneys on cover of New England's Best Lawyers

Questions about medical malpractice in New Hampshire?

Questions about an injury or death due to medical mistakes? Contact our medical malpractice lawyers for a free case review in New Hampshire, Massachusetts, or Rhode Island.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

12.01.2021

Pursuing Medical Malpractice Claims in New Hampshire for 30 Years+

NH medical malpractice lawyers at Lubin & Meyer

As seen in the New Hampshire Bar News

#1 in Verdicts and Settlements

Lubin & Meyer attorneys on the
cover of Best Lawyers New England

Did you know? Boston's top medical malpractice law firm, Lubin & Meyer, also has a long history of success in New Hampshire. As the demonstrated leader in medical malpractice and catastrophic personal injury law in New England, Lubin & Meyer stands alone having achieved more verdicts and settlements on behalf of our injured clients than any other law firm in the region — year after year. No firm comes close in results for medical malpractice and personal injury claims.

When making a claim against a large area hospital, well-known medical professionals and their insurers, you need the most accomplished legal team on your side in order to receive the best results. When considering filing a medical malpractice claim in New Hampshire, speak with Lubin & Meyer — the firm that other law firms refer their most complex cases to.

Was your case turned down by another firm? We are happy to re-evaluate your case at no charge. Lubin & Meyer has often taken on cases that were rejected by other firms — and gone on to obtain significant compensation for clients and their families.

Recent Significant Cases

Jury verdict upheld on appeal = $43,360,000.00
Maternal death settlement = $12,000,000.00
Radiology error verdict = $11,500,000.00
Post-surgical infection verdict = $10,700,000.00
Product liability settlement = $8,900,000.00
Birth injury settlement = $7,500,000.00
Construction accident settlement = $7,000,000.00
Surgical error settlement = $5,100,000.00
Prostate cancer settlement = $4,500,000.00
Maternal death settlement = $4,500,000.00

View more case results at lubinandmeyer.com

Request a Free Case Review

If you have questions about the care you or a loved one received, please do not hesitate to give us a call.

There is no cost to have your case re-evaluated by our award winning attorneys.

Contact our medical malpractice lawyers for a free case review in New Hampshire, at (617) 720-4447. No fee. No obligation.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

10.03.2021

NH Medical Malpractice Lawyer Nicholas Cappiello Recovers $2.5 Million in Lawsuit Involving Stroke in Newborn Baby

Attorney Nicholas Cappiello of the medical malpractice law firm Lubin & Meyer PC has recovered $2.5 million for the family of a baby born with permanent neurological injuries. The plaintiff’s birth injury lawsuit claimed that the defendant healthcare providers failed to perform an emergency c-section, leading to a stroke in the newborn infant.

Other recent New Hampshire settlements secured by Attorney Cappiello include:

$1.5 Million Settlement
Untreated Pulmonary Embolism Results in Death
This medical malpractice action claimed the patient’s cardiologist failed to recognize and report evidence of pulmonary embolism on ultrasound, resulting in 58-year-old man's death days later from cardiopulmonary arrest.

$1 Million Settlement
Failure to Properly Perform Vascular Surgery Causes Paralysis
This medical malpractice lawsuit claims the surgeon should not have performed both abdominal aortic aneurysm repair and aorto-femoral bypass in the same surgery. The 65-year-old NH woman was left with permanent lower extremity paralysis.

View More Verdicts and Settlements
For a searchable listing of other medical malpractice verdicts and settlements by Lubin & Meyer attorneys, visit: lubinandmeyer.com/cases/.

Attorney Cappiello is admitted to practice in Massachusetts and New Hampshire. He is a member of the Massachusetts Bar Association, the New Hampshire Bar Association, the American Association for Justice, and the New Hampshire Association for Justice.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

Questions about an injury or death due to medical mistakes? Contact our medical malpractice lawyers for a free case review in New Hampshire, Massachusetts, or Rhode Island.

9.10.2018

Sepsis: Know the Signs and Symptoms

Sepsis Awareness Month Aims To Raise Understanding of this Leading Cause of Death in U.S. Hospitals.

What Is Sepsis?

Sepsis is the body's overwhelming reaction to an infection (sometimes also called blood poisoning). If not treated quickly it can lead to organ and tissue damage and death.

September is Sepsis Awareness month and the CDC has educational materials describing Sepsis.

Most importantly, know the symptoms.

And if you suspect sepsis, tell your doctor and health care providers, "Could this be sepsis?"

What Are the Symptoms of Sepsis?

There is no single symptom of sepsis. It can present in any combination of the following:

Confusion or dissorientation
Fever, or shivering, feeling very cold
Shortness of breath
Extreme pain or discomfort
High heart rate
Clammy or sweaty skin.

Sepsis is a medical emergency. If you suspect sepsis, get to an emergency room immediately and tell them you suspect SEPSIS.

For more information, please see our Sepsis post on our Patient Safety Blog, as well as more information at:
https://www.cdc.gov/sepsis

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

Questions about an injury or death due to Sepsis? Contact our medical malpractice lawyers for a free case review in New Hampshire, Massachusetts, or Rhode Island.

4.30.2018

Delay in Diagnosis of Cancer Lawsuits: Recent Trial Reports

Cancer Diagnostic Errors Lead to Medical Malpractice Claims

As mentioned in our recent Patient Safety Blog post, cancer diagnosis delays are unfortunately too common in our healthcare system. Lubin & Meyer's attorneys have tried many cases of cancer diagnostic errors over the years. We archive many of the trial reports of our verdicts and settlements that provide a wealth of details of such cases.

On our main website, you can search our Verdicts and Settlements Archive by type of medical injury, or view a listing of our medical malpractice cases involving cancer. (Please note, this is not a complete listing.)

Last month we added three new trial reports to our website — all cancer diagnosis related. They are:

$6.8 Million Judgment: Kidney Cancer Diagnosis Delay
This lawsuit claimed that a urine sample showing blood in the urine required referral to a urologist, which would have resulted in a proper workup that would have diagnosed the decedent’s cancer at an earlier stage.

$1.5 Million Settlement: Delay in Diagnosis of Lung Cancer
Medical malpractice action claims PCP’s failure to address cough and order chest x-ray leads to delay in lung cancer diagnosis.

$2.5 Million Settlement: Failure to Diagnose Cancer in Appendix
This lawsuit claims the pathologist who evaluated appendix after removal was negligent in failing to identify the cancer and note it in her report.

Was your cancer misdiagnosed?

If you have questions about a possible medical malpractice lawsuit related to the diagnosis and treatment of cancer, please do not hesitate to call our cancer lawyers. We represent patients in New Hampshire, Massachusetts and Rhode Island.

We offer a free case review of your experience to determine if you received inappropriate care that caused you permanent harm. There is no cost to evaluate your potential claim.

For more information on how medical malpractice is determined in cancer cases, visit our cancer diagnosis delay information page.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

2.09.2018

Lubin & Meyer PC: Top Medical Malpractice Law Firm in New England Again

Lubin & Meyer PC, the Boston-based medical malpractice law firm representing patients in Massachusetts, New Hampshire and Rhode Island, set the standard again in 2017. With an annual Tier One Best Law Firms Ranking in Medical Malpractice and Personal Injury Litigation - Boston, the firm also annually tops the Largest Verdicts and Settlements listing compiled and published each year by Mass. Lawyers Weekly.

Lubin & Meyer ad in Lawyers Weekly

Top Medical Malpractice Verdicts and Settlements

Detail of ad: Compare Lubin & Meyer

In 2017, Lubin & Meyer again dominated the list achieving 38 settlements of $1 million and above — more than 7 times as many as any other law firm in the Commonwealth. A sampling of these lawsuits include:

$4.5 million - Operation to insert pain pump leads to 76-year-old’s death
$4 million - Aortic dissection leaves woman without use of her legs
$3.75 million - Patient’s stroke attributed to lack of anticoagulant prescription
$3 million - Newborn suffers brain injury after extended pre-delivery distress
$2.5 million - Patient says doctors failed to recognize signs of liver cancer

To see the full listing visit: The Largest Settlements of 2017

For more of the firms verdicts and settlements, see: Medical Malpractice and Personal Injury Case Archive

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law
Questions about a possible medical malpractice case? Please do not hesitate to contact our medical legal team for a free case review in New Hampshire, Massachusetts, or Rhode Island.

1.03.2018

3.27.2017

NH Hospitals: 64 Adverse Events Reported to DHHS in 2015

About a year ago we highlighted a Report on Medical Errors at NH Hospitals and the excellent coverage by InDepthNH.org, which ran a series of articles on the 29 adverse events — or medical errors — that New Hampshire hospitals are required to report to the Department of Health and Human Services. That reporting detailed the latest data from 2014.

Late last year, 2015 adverse reporting data was released, and again covered by InDepthNH.org.

State Law Requires New Hampshire To Track 29 Hospital Errors That Are Never Supposed To Happen... https://t.co/MONcZK9tfi #NH #patientsafety
— Lubin & Meyer PC (@LubinandMeyer) November 30, 2016

This post is a brief update to last year's report with a link to the full NH DHHS report. To see which NH hospitals reported which adverse events, click on this link: NH Adverse Event Reporting.

NH Adverse Events Decrease, More Improvement Needed

By definition, these events must be “largely, if not entirely, preventable.” There were 64 such events in NH hospitals in 2015.

Number of preventable serious events at NH hospitals from 2010-2015.

Breakdown of adverse events: 10 surgical events, 21 falls, 22 pressure ulcers; 11 other

For a list of the 29 hospital errors that must be reported (also known as "never events"), see our previous post which provides a full list of the types of unwanted hospital events.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

There is no fee to have your case reviewed by our medical malpractice lawyers.

2.15.2017

NH Birth Injury Settlement: $3.75 Million — Child Suffers from Permanent Brain Injury / Cerebral Palsy

nh medical malpractice settlements photo

We have added the trial lawyer's report of a recent NH birth injury lawsuit to our Verdicts & Settlements archive at lubinandmeyer.com. The suit claimed that at the time of birth the infant (now 2 years old) suffered hypoxic ischemic injury (HIE) resulting from the OB/GYN’s negligence during labor and delivery. As a direct result of her brain injury, she suffers muscle weakness, developmental delays and cerebral palsy requiring occupational, speech and physical therapy.

Click on the link below to read the full trial report.

$3.75 Million Settlement
Inappropriate management of labor and delivery results in permanent brain injury resulting in cerebral palsy.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

1.16.2017

Drew Meyer, The "Go To Guy" for Injured Patients

Attorney Andrew Meyer Profiled in Huffington Post

In a profile published in The Huffington Post, Andrew C. Meyer Jr. is described as "the go to guy for families in MA, NH, and RI, who are dealing with the devastating consequences of medical malpractice." The article includes highlights of Meyer's long career representing victims of medical mistakes and unique experience working with the complicated emotions that result when a patient has been harmed by a trusted doctor or institution.

Medical Malpractice Attorney - Andrew C. Meyer Jr.

In the article Meyer talks about trust as a common issue among those who have been injured.

"He says that the reason they come through his doors at Lubin & Meyer PC is because they put their trust in the hands of a highly qualified professional; their doctor, nurse, midwife, physician’s assistant, psychiatrist, dentist, or other medical professional, and they were ultimately harmed by that person. He says that his first order of business is sitting with a client to listen intently in order to fully understand their plight and his second order of business is to answer the question that every client is thinking, but usually unwilling to express, 'Why should I trust you?'"

According to Meyer, clients can feel "angry, embarrassed, and guilty for what happened, often blaming themselves for not having known the possible outcome of a particular medical procedure."

Meyer works to help the injured begin to understand they are not the only family that has suffered horrible losses, and that "they are not at fault for the tragedy which has brought them all together." By pursing the long affair of a medical malpractice lawsuit, the injured and their families become "warriors and whistle blowers who are willing to step forward to share their story" to affect change in the system.

"Very rarely are his clients embarking upon the very long road to justice for the money. He says that sometimes the money is absolutely necessary to provide care for someone who will need lifetime assistance due to malpractice, such as the $30 million settlement for a child who was born with major birth defects due to the egregious negligence of an entire medical team. But more often than not, the monetary award is necessary to force change within the medical community."

The article states that Meyer is known for negotiating settlements that call for more than just money. "In most cases, they negotiate for major changes in systems and procedures at hospitals and medical practices. He says that there are countless system defects within the industry and, in most instances, the patients at these medical facilities have no idea."

You can read the full article on The Huffington Post at this link: Drew Meyer profile.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

12.21.2016

Recent Medical Malpractice Settlements in New Hampshire

Lubin & Meyer PC has published three trial reports on recent medical malpractice settlements in New Hampshire. All cases involved a delay in diagnosis and treatment of a serious medical condition while in hospital care. Nicholas Cappiello was the lead attorney in these recent New Hampshire lawsuits.

Click on the case links below to read the full trial reports.

$4.25 Million Settlement
Delay in Diagnosis of Cancer - A New Hampshire man's soft tissue sarcoma went undiagnosed by primary care physician for years — spreads to lungs, liver, pancreas and brain. A delay in the diagnosis of cancer can have a profound impact on a patient's prognosis.

$1.2 Million Settlement
Delay in Treatment of Cauda Equina Syndrome - A 28-year-old woman suffered a delay in the diagnosis and treatment of cauda equina syndrome, resulting in permanent foot drop and bowel and bladder dysfunction. There has been an increase in the number of cauda equina lawsuits. You can learn more about cauda equina on our Patient Safety Blog at: Cauda Equina: A Dangerous Outcome When Patient Complaints Are Not Taken Seriously.

$1 Million Settlement
Delay in Diagnosis of Compartment Syndrome - A 47-year-old man developed compartment syndrome and permanent foot drop following a heart valve repair surgery.

"Compartment syndrome occurs when excessive pressure builds up inside an enclosed muscle space in the body. Compartment syndrome usually results from bleeding or swelling after an injury [or surgery]." — WebMD

View more verdicts and settlements by Lubin & Meyer.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

Questions about a possible medical malpractice lawsuit?
There is no fee or cost to you to have your case evaluated by our qualified medical malpractice attorneys.

10.17.2016

Representing New Hampshire Victims of Medical Malpractice for Three Decades

Lubin & Meyer's ad as seen in the NH Bar News

Did you know? Lubin & Meyer is one of the region’s most accomplished and successful medical malpractice and personal injury law firms representing patients harmed by medical errors in New Hampshire, Massachusetts and Rhode Island.

On the cover of
New England's Best Lawyers

With verdicts and settlements that continually eclipse those of any other law firm in the region, Lubin & Meyer delivers on its commitment to protect the rights of injured patients and to bring positive change to health care. Lubin & Meyer has already secured two of the year’s top medical malpractice verdicts in New England – a $29.8 million birth injury verdict followed by a $12.8 million verdict.

Request a free case evaluation
Whether providing an initial evaluation or a second opinion, Lubin & Meyer welcomes the opportunity to work with persons in New Hampshire. With attorneys both licensed and living in New Hampshire, we are are ready and able to review medical malpractice and personal injury cases — free of charge. Feel free to contact us with your questions.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

7.27.2016

"Failure To Monitor Coumadin" Lawsuit Filed on Behalf of New Hampshire Woman

Lawsuit alleges: Elective toe surgery ends in stroke death when patient's blood thinning medication is not properly managed.

Lubin & Meyer recently filed a NH medical malpractice lawsuit involving a 70-year-old woman who passed away after suffering a massive stroke when, as the lawsuit claims, her healthcare providers failed to properly manage her Coumadin levels (blood thinning medication) when she underwent an elective toe surgery.

Attorney Nicholas Cappiello, who represents the claimant in this lawsuit, said that Coumadin dosing errors are a significant problem in healthcare. "It is a major safety issue for patients because Coumadin can be a dangerous drug if not properly monitored — when healthcare providers do not take the time to pay attention to their patients then the results can be catastrophic for the patient."

Coumadin Lawsuits

Coumadin is a drug with tremendous benefits when properly monitored and administered, but it can kill a patient when not given in the proper amounts, according to Cappiello.

"Hospitals and healthcare providers have an obligation to closely monitor patients on Coumadin, but far too often we see that they are inattentive to their patients, and the consequences are devastating."

This lawsuit claims that the patient's cardiologist and his nursing staff failed to administer the proper blood thinning medication before her surgery and then failed to adjust her Coumadin after surgery when her lab tests showed that her blood was too thick, which put her at a significantly heightened risk for suffering a stroke.

Because they did not administer the proper dose of blood thinning medication, according to the lawsuit, the patient’s blood was allowed to clot and she ultimately suffered a massive stroke and died.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law
Attorneys practicing in NH, MA and RI

Questions about a possible medical malpractice lawsuit?
There is no fee or cost to you to have your case evaluated by our qualified medical malpractice attorneys.

3.24.2016

Report on Medical Errors at NH Hospitals

A series of articles on the reporting of adverse events — serious medical errors also known as "never events" — by NH hospitals is available at: InDepthNH.org. There are 29 types of errors — all considered to be avoidable mistakes — that hospitals must report to the Department of Health and Human Services. (See the full list below.)

The most recent data from 2014, shows 73 never events were reported. These include 25 patient falls and 22 pressure ulcers, as well as 14 surgery-related errors at NH hospitals including Catholic Medical Center, Concord Hospital, Mary Hitchcock Memorial Hospital, and Portsmouth Regional Hospital.

How did your hospital do? See the full public document listing the type of adverse events reported by each NH hospital at this NHDHHS web page.

Serious Medical Errors Plague Hospitals in NH https://t.co/wmklmgtJQo via @nancywestnews
— Lubin & Meyer PC (@LubinandMeyer) March 10, 2016

What Are Never Events?

Here is the list of 29 adverse events that hospitals in NH must report in an effort to reduce medical errors and improve patient safety, as reported by Nancy West at InDepthNH.org

Surgical or invasive procedure events

Surgery or other invasive procedure performed on the wrong site

Surgery or other invasive procedure performed on the wrong patient

Wrong surgical or other invasive procedure performed on a patient

Unintended retention of a foreign object in a patient after surgery or other invasive procedure

Intraoperative or immediately postoperative/post procedure death in an ASA Class 1 patient

Product or device events

Patient death or serious injury associated with the use of contaminated drugs, devices, or biologics provided by the healthcare setting

Patient death or serious injury associated with the use or function of a device in patient care, in which the device is used or functions other than as intended

Patient death or serious injury associated with intravascular air embolism that occurs while being cared for in a healthcare setting

Patient protection events

Discharge or release of a patient/resident of any age, who is unable to make decisions, to other than an authorized person

Patient death or serious injury associated with patient elopement (disappearance)

Patient suicide, attempted suicide, or self-harm that results in serious injury, while being cared for in a healthcare setting

Care management events

Patient death or serious injury associated with a medication error (e.g., errors involving the wrong drug, wrong dose, wrong patient, wrong time, wrong rate, wrong preparation, or wrong route of administration)

Patient death or serious injury associated with unsafe administration of blood products

Maternal death or serious injury associated with labor or delivery in a low-risk pregnancy while being cared for in a healthcare setting

Death or serious injury of a neonate associated with labor or delivery in a low-risk pregnancy

Patient death or serious injury associated with a fall while being cared for in a healthcare setting

Any Stage 3, Stage 4, and unstageable pressure ulcers acquired after admission/presentation to a healthcare setting

Artificial insemination with the wrong donor sperm or wrong egg (updated)

Patient death or serious injury resulting from the irretrievable loss of an irreplaceable biological specimen

Patient death or serious injury resulting from failure to follow up or communicate laboratory, pathology, or radiology test results

Environmental events

Patient or staff death or serious injury associated with an electric shock in the course of a patient care process in a healthcare setting

Any incident in which systems designated for oxygen or other gas to be delivered to a patient contain no gas, the wrong gas, or are contaminated by toxic substances

Patient or staff death or serious injury associated with a burn incurred from any source in the course of a patient care process in a healthcare setting

Patient death or serious injury associated with the use of physical restraints or bedrails while being cared for in a healthcare setting

Radiologic events

Death or serious injury of a patient or staff associated with the introduction of a metallic object into the M RI area

Potential criminal events

Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed healthcare provider

Abduction of a patient/resident of any age

Sexual abuse/assault on a patient or staff member within or on the grounds of a healthcare setting

Death or serious injury of a patient or staff member resulting from a physical assault (i.e., battery) that occurs within or on the grounds of a healthcare setting

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law

1.29.2016

Lubin & Meyer Finishes Record Year with 56 Verdicts and Settlements of $1 Million or More in MA, NH and RI

Lubin & Meyer PC eclipsed the results of all other firms in New England having achieved 50 "million-plus" verdicts and settlements for 2015 as compiled by Massachusetts Lawyers Weekly, and published in its January 15, 2016 edition. Lubin & Meyer secured more than four times as many million-plus verdicts and settlements than its closest competitor in Massachusetts — and the firm secured six additional million-plus verdicts and settlements in New Hampshire and Rhode Island for a record 56 verdicts and settlements of $1 million or more.

Highlights of the 56 cases resolved include:

$35.4 Million Verdict
Stroke following childbirth brings largest verdict in Massachusetts

$3.6 Million Verdict
PCP misdiagnoses patient's colon cancer symptoms

$1.08 Million Verdict
Man suffers blindness in right eye after surgery

$6.25 Million Settlement
Baby injured at birth after complete stoppage of blood flow to the brain

$5.65 Million Settlement
Failure to monitor fetal readings results in severe neurological injury to newborn

$4.96 Million Settlement
Newborn's hypoxic brain injury leads to cerebral palsy

$4.93 Million Settlement
Mismanaged labor results in birth injuries causing cerebral palsy

$4.5 Million Settlement
Failure To Diagnose Colorectal Cancer

Click to view more of the largest verdicts and settlements of 2015.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law
Attorneys practicing in NH, MA and RI

Questions about a possible medical malpractice lawsuit?
There is no fee or cost to you to have your case evaluated by our qualified medical malpractice attorneys.

9.26.2015

Cauda Equina Diagnosis Delay Leaves NH Woman with Permanent Neurologic Injuries

New Hampshire Medical Malpractice Settlement

The plaintiff is a 50-year-old New Hampshire woman who suffers from significant weakness of her lower extremities and bowel and bladder incontinence from a delay in the diagnosis and treatment of cauda equina syndrome.

On February 23, 2011, the plaintiff presented to her primary care doctor’s office complaining of pain in her right leg and lower back pain for the prior two weeks. She also reported that her leg pain radiated from her lower back, down her leg, to her toes. On exam, the defendant noted tenderness in the L4-L5 region of her back. Of particular note, this is the exact same location where the patient’s disc herniation and cauda equina syndrome was eventually diagnosed.

Without requesting a consultation or performing a single imaging study, the defendant physician diagnosed the plaintiff with lumbar disc disease and sciatic syndrome. She was given a prescription for cyclobenzaprine (Flexeril) and prednisone with instructions to return in two weeks for re-evaluation.

Approximately one week later, March 4, 2011, the plaintiff’s husband called the defendant’s office and reported that his wife was experienced worsening back pain, muscle spasms, and lower extremity weakness with numbness and tingling.

Later the same day, the plaintiff was seen again by the defendant. She reported increased lower back pain with pain radiating to her legs which had worsened over the prior two days. The plaintiff also reported difficulty walking due to bilateral leg weakness, numbness, and tingling.

The defendant diagnosed the plaintiff with lumbar disc disease and prescribed cyclobenzaprine 10 mg TID, oxycodone 5 mg every 4-6 hours, prednisone, and physical therapy.

The very next day, March 5, 2011, the plaintiff presented to St. Joseph’s Hospital with an inability to walk, numbness in both lower extremities, and incontinence. An MRI was ordered and showed a very large disc herniation at the L4-L5 level completely obliterating the thecal sac (the membranous sheath that surrounds the spinal cord). Based on the MRI findings, neurosurgical evaluation at Lahey Clinic, Burlington, was recommended for cauda equina syndrome. The plaintiff was transferred to Lahey Clinic where she underwent a complete L4 laminectomy and bilateral L4-L5 diskectomy.

Today, the plaintiff suffers from significant weakness of her lower extremities with severely antalgic gait. She has difficulty with bowel retention and suffers a neurogenic bladder with incontinence.

To learn more about cauda equina syndrome, please see this recent post on our Patient Safety Blog on Cauda Equina, related to this case.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law. Attorneys practicing in MA, NH and RI.

8.24.2015

Six Ways To Help Prevent Hospital Infections

As a follow up to our previous post on NH hospital infection data, we wanted to share these six tips from the CDC on protecting yourself as a patient from healthcare-associated infection.

Best infection control? Prevention! Wash your hands & make sure your providers always wash theirs, too. #VitalSigns pic.twitter.com/HM7WN65oNM
— CDC (@CDCgov) August 10, 2015

1. Speak up. Talk to your doctor about all questions or worries you have. Ask them what they are doing to protect you. If you have a catheter, ask each day if it is necessary.

2. Keep hands clean. Ask everyone cleans their hands before touching you.

3. Antibiotics. Ask if they will test effectiveness of antibiotic if prescribed.

4. Know the signs of infection. Some skin infections, such as MRSA, appear as redness, pain or drainage at an IV catheter site or surgery site.

5. Watch out for c. diff. If you have 3 or more diarrhea episodes in 24 hours, tell your physician, especially if you are on an antibiotic.

6. Protect yourself. Get vaccinated against flu and other infections to avoid complications.

For more detail on each of these six tips, please see this page from the CDC.

Lubin & Meyer PC - New Hampshire's Leader in Medical Malpractice Law