In what could have been a case of first impression in our Commonwealth, Sobczak Law recovered $75,000 settlement for a patient of the Lahey health system at the Winchester Hospital for the needless scare they caused, that resulted in severe emotional distress.
The claim was commenced as a negligence action, as well as negligent (and/or intentional) infliction of emotional distress, stemming from Defendants’ failure to have a safety system in place resulting in a potentially infected and dangerous surgical kit being used on the Plaintiff for her c-section delivery of her daughter at Winchester Hospital. Following Plaintiff’s c-section and delivery of baby girl, Plaintiff was informed by the Defendants (led not by care care team but by the CEO) that the surgical kit used on her and her baby (or two other patients/mothers that day) could have been dangerously contaminated. There were no complications with the actual delivery, and thus Plaintiffs did not brought forward any medical malpractice claims, although Defendants wanted it classified as such, forcing additional delays, and limiting the potential pre-judgment interest amount. Moreover, after months of fear and emotional distress, and unnecessary and painful treatments and tests, Plaintiffs, neither the mother nor the baby, developed any related infections, indicating that, more likely than not, neither Plaintiff was actually exposed to contamination, thus the only claims brought forward were for the emotional and physical distress sustained during that period.
After initial discovery, and while the case was pending before the Appeals Court on potential review of order concerning protections for medical records (with the hospital defendants taking the surprising position that medical records need not be protected in litigation), Defendants made Plaintiff an offer that was accepted and the case resolved.