Sample Medical Malpractice Complaint

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, 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, an important tendon for an NFL player, for the tendon
graph to repair his Lisfranc injury.
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 negligence include, 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.