Man permanently disabled after 'ASAP' surgery performed late.

Byline: Mass. Lawyers Weekly Staff

In July 2011, the plaintiff, 48, worked both as a supervisor and laborer caulking windows on high-rises. He sought medical attention that summer for progressive shortness of breath with excessive snoring and daytime somnolence. He would wake up at night gasping for air and had been hospitalized twice that month with breathing difficulties.

The plaintiff saw the defendant ENT, who performed a laryngoscopy in her office and identified a ball-valving polyp in his throat that needed to be removed "ASAP," meaning within 24 to 48 hours. The defendant instructed the plaintiff to await her office's call to schedule the surgery, but no one called.

Over the weekend, the plaintiff suffered severe respiratory distress and was rushed to the emergency room. He was intubated but developed asystole with EKG changes and an anoxic brain injury. Three days later, while the plaintiff was still in the hospital, the defendant's office called to schedule the surgery.

The plaintiff's injuries were life-changing. He went from an outgoing, affable, hard-working boat enthusiast to being wheelchair-bound and unable to eat, walk, bathe or dress. He does not know what day or month it is, often does not know where he is, cannot remember simple things such as his birthday, and can barely communicate. He is completely dependent.

The plaintiff filed suit against both the doctor and her surgical group, alleging that the doctor failed to perform the urgently needed procedure, and that both she and the surgical booking staff employed by the surgical group failed to schedule the procedure in a timely manner.

The plaintiff deposed the two surgical booking coordinators employed by the defendant and uncovered that office policy required procedures that a doctor marked "ASAP" to be performed within 48 hours. The surgical bookers were required to call the hospital first to schedule the surgery to ensure an operating room was available, and then the time and date of the surgery was to be communicated to the patient. In this case, they did nothing...