Sample Medical Malpractice Complaint

Below is a sample medical malpractice complaint with a respondeat superior count.

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL DEPARTMENT
CIVIL ACTION NO: 00-4988G

David Meggett

vs.

New England Patriots, Bertram Stevens, M.D. and
Michael G. Wilstone, M.D.,

SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

THE PARTIES

1. Plaintiff David Meggett is of legal age and is a resident of Massachusetts.
2. Defendant Bertram Stevens, M.D. is a physician licensed to practice within the Commonwealth of Massachusetts. At all relevant times, Defendant Stevens had a place of business at Massachusetts General Hospital in Boston, Massachusetts.
3. Defendant Michael Wilstone, M.D. is a physician licensed to practice within the Commonwealth of Massachusetts. At all relevant times, Defendant Wilstone had a place of business at Brigham Women’s Hospital in Boston, Massachusetts.

GENERAL ALLEGATIONS

4. On January 3, 1998, David Meggett was participating in a football game as a member of the New England Patriots. He injured his right mid-foot during the first half of the game and was examined by Defendant Stevens. Mr. Meggett was prescribed and provided with pain medication by Dr. Stevens to mask the pain in Mr. Meggett’s mid-foot, so that he could continue to play in the remainder of the football game. Mr. Meggett returned to the game and played the remainder of the game.
5. On the following day, Dr. Stevens ordered radiographs of Mr. Meggett’s foot. These radiographs indicated that he had a Lisfranc fracture in his mid-foot. Dr. Stevens diagnosed a mid-foot sprain.
6. Dr. Stevens told Mr. Meggett to return to him if his foot did not improve.
7. Initially, the pain in Mr. Meggett’s foot decreased and he believed his foot was improving. However, by April 1998, Mr. Meggett believed, because he was continuing to experience pain, that he did not have a mere sprain in his foot. He received more diagnostic testing and returned to Dr. Stevens on April 7, 1998. Dr. Stevens reviewed Mr. Meggett’s test results and referred Mr. Meggett to Dr. Michael Wilstone, an orthopedic surgeon at Brigham and Women’s Hospital in Boston, Massachusetts.
8. On April 8, 1998, Dr. Wilstone reviewed Mr. Meggett’s medical records and diagnosed a Lisfranc fracture in his right mid-foot. Dr. Wilstone suggested surgery.
9. Dr. Wilstone did not properly advise Mr. Meggett that he intended to perform an EHL tendon graph to repair his Lisfranc injury or the risks associated with such a procedure. Dr. Wilstone also did not advise Mr. Meggett that he had never performed a tendon graph for this type of operation. He also critically did not advice that the medical literature has never even suggested or even discussed this type of procedure, and that Dr. Wilstone had never even discussed such a procedure with another physician specializing in ankle and foot surgery [learn more] before (or after) the operation. Had Mr. Meggett known the risks associated with this operation, the importance of the tendon graph and the novelty of this procedure, he never would have consented to the operation. Moreover, even assuming a tendon graph was advisable, Dr. Wilstone negligently selected the EHL tendon for the tendon graph to repair his Lisfranc injury.. This is a critical tendon for an NFL player who makes sharp turns and cuts.
10. Dr. Wilstone performed an operation on Mr. Meggett on April 16, 1998 to repair his Lisfranc fracture. Mr. Meggett’s EHL tendon was ruptured by Dr. Wilstone’s ill-advised use of Mr. Meggett’s tendon.
11. Dr. Wilstone operated on Mr. Meggett again on July 9, 1998. During this operation, Dr. Wilstone learned that his repair of Mr. Meggett’s EHL tendon did not hold. He was required to again reattach the broken tendon.

COUNT I – NEGLIGENCE (DR. STEVENS)

12. Plaintiff David Meggett restates and reincorporates by reference each and every allegation stated in paragraphs 1-11 above.
13. Dr. Stevens was negligent in his care and treatment of Mr. Meggett in that he failed to care for and treat him in accordance with the standard of care and skill required of and ordinarily exercised by the average qualified physician engaged in medical practice at a professional level, such as that in which Dr. Stevens was engaged.
14. Dr. Stevens medical negligence included, but was not limited to, the failure to examine properly and diagnose his medical condition; failure to provide, recommend and refer Mr. Meggett for appropriate diagnostic study, care, consultation, and treatment; failure to properly recommend the appropriate follow-up with the patient, and the failure to monitor Mr. Meggett’s progress.
15. As a direct and proximate result of the negligence of Dr. Stevens, Mr. Meggett has suffered injuries and damages including but not limited to delay in the diagnosis and treatment of his Lisfranc injury to his right mid-foot, surgery, pain and suffering, financial loss, and other damages which rendered him no longer able to engage in his chosen profession of a National Football League player.

WHEREFORE, Plaintiff David Meggett demands judgment against defendant Dr. Bertram Stevens, M.D on Count I of Plaintiff’s Second Amended Complaint, in the amount that will justly compensate him for his damages, together with interest, costs and attorneys’ fees of this action.

COUNT II – NEGLIGENCE (DR. WILSTONE)

16. Plaintiff David Meggett restates and reincorporates by reference each and every allegation stated in paragraphs 1-15 above.
17. Dr. Michael G. Wilstone was negligent in his care and treatment of Mr. Meggett in that he failed to care for and treat him in accordance with the standard of care and skill required of, and ordinarily exercised by the average qualified physician engaged in medical practice at the professional level, such as that in which Dr. Wilstone was engaged.
18. Dr. Wilstone’s negligence included, but was not limited to, the following: failure to follow the requisite standard of care and skill in performing surgery on Mr. Meggett. More specifically, Dr. Wilstone was negligent in using Mr. Meggett EHL tendon to repair his Lisfranc injury.
19. As a direct and proximate result of the negligence of Dr. Wilstone, Mr. Meggett has suffered injuries and damages including but not limited to the damage to his EHL tendon, unnecessary surgical procedures, pain and suffering, financial loss, and other damages which rendered him no longer able to engage in his chosen profession of a National Football League player.

WHEREFORE, Plaintiff David Meggett demands judgment against defendant Dr. Michael G. Wilstone, M.D., on Count II of Plaintiff’s Second Amended Complaint in the amount that will justly compensate him for his damages, together with interest, costs and attorneys’ fees of this action.

COUNT III – NEGLIGENCE/INFORMED CONSENT (DR. WILSTONE)

20. Plaintiff David Meggett restates and reincorporates by reference each and every allegation stated in paragraphs 1-19 above.
21. Dr. Wilstone had a duty to disclose in a reasonable manner all significant medical information that he possessed or reasonably should have possessed that is material to an intelligent decision by the patient whether to undergo a proposed procedure.
22. This risk that was not disclosed as set forth above in paragraph 9 regarding Dr. Wilstone’s use of Mr. Meggett’s EHL tendon and his failure to disclose the extreme novelty of the procedure, materialized when Mr. Meggett’s EHL tendon ruptured during, and again after, his operation.
23. If Dr. Wilstone had provided the proper information, neither Mr. Meggett nor a reasonable person in similar circumstances would have undergone the procedure.

WHEREFORE, Plaintiff David Meggett demands judgment against defendant Dr. Michael G. Wilstone, M.D., on Count III of Plaintiff’s Second Amended Medical Malpractice Complaint in the amount that will justly compensate him for his damages, together with interest, costs and attorneys’ fees of this action.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS IN THIS MEDICAL MALPRACTICE ACTION.

Respectfully submitted,
Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
410-779-4600
410-760-8922 (fax)

• Get more information on bringing a malpractice claims
• Look at more example medical malpractice complaints (with links to more)
• Civil cover sheet for malpractice claims filed in California (our lawyers provide this because so many people searching online come here looking for this, apparently)