Professional Negligence Law Reporter

Doe v. Roe Otolaryngologist, Undisclosed Dkt. No. (Mass. Confidential Ct. and Date).

Doe, 16, was referred to Roe otolaryngologist for treatment of tonsil issues. Roe examined Doe and noted that she had chronic snoring, mouth breathing, and fatigue. Roe recommended a tonsillectomy and adenoidectomy to treat enlarged tonsils and upper airway obstruction. After the surgery, Roe discharged Doe with a prescription for Roxicet, which contains the opioid oxycodone. Two days later, Doe suffered respiratory and cardiac arrest, which resulted in her death. She is survived by her father. 

Doe’s father sued Roe, alleging he negligently performed the surgery without ordering a sleep study to confirm whether Doe was suffering from sleep apnea and, if so, the condition’s severity. The plaintiff asserted that sleep apnea placed Doe at risk for respiratory depression from postoperative narcotics and that Roe lacked the necessary information to make an informed decision about prescribing a narcotic postoperatively or telling Doe’s father about the surgery’s risks. The defense argued that no sleep study was required given his findings and that such a study is rarely performed before tonsillectomies.

The parties settled before trial for $950,000.

Plaintiff counsel: AAJ members Kevin Donius, Milton, Mass.; and Ralph Sbrogna, Worcester, Mass.