John Babcock and Noel Dumas Obtain Medical Malpractice Defense Verdict in the Middlesex Superior Court

Morrison Mahoney partners John Babcock and Noel Dumas obtained a defense verdict in a five-day medical malpractice trial in the Middlesex Superior Court. The plaintiff alleged that our client, a primary care physician, failed to appropriately counsel the decedent during an after-hours phone consultation. The patient reported nausea and vomiting and requested medication to treat the symptoms. Our client had a detailed phone conversation with the patient to rule out red flag symptoms and advised her to seek additional care if her symptoms worsened. Unfortunately, the patient was found deceased three days later from diabetic ketoacidosis. The patient had seen another provider in the practice several days earlier, however labs had not returned, and the patient had been living with undiagnosed diabetes. This information was unavailable to our client at the time of her limited phone consult. The jury found no negligence on behalf of our client.