Lawsuit expected against New Milford Hospital radiologist

The widow of Tom D'Amato, a patient who died three days after a procedure at New Milford Hospital in April 2010, will likely be filing a malpractice suit by Thanksgiving against Dr. Michael Waldman, the radiologist who performed the procedure.

John Houlihan Jr., the attorney representing the widow, Diane D'Amato, said Tuesday that while "ideally we would like to wait for the outcome of the Department of Public Health hearing (on the incident), that is not required by law."

"They have indicated they feel there was a departure from proper procedure for care," Mr. Houlihan said of the DPH investigators. "In all likelihood, we will be proceeding with action. We should be filing by Thanksgiving."

When contacted by The Spectrum on Monday at Northeast Radiology, Dr. Waldman said, "I do not wish to talk to you," and hung up the telephone.

DPH attorneys had reached a settlement with Dr. Waldman over the April 26, 2010, incident at New Milford Hospital. The settlement called for Dr. Waldman to be placed on supervised probation for a year, according to DPH proposed consent order documents.

Dr. Waldman did not admit to allegations of negligence in the incident, but rather, agreed not to contest the department's findings, DPH documents state. Dr. Waldman faces possible revocation of his license, according to the DPH.

The state Medical Examining Board, however, rejected the DPH settlement and called for a stronger sanction against Dr. Waldman, according to the examining board's Aug. 16 meeting minutes.

DPH medical investigators determined that Dr. Waldman perforated Mr. D'Amato's spleen during a radiological procedure at the hospital last year, and, while aware of that, never informed Mr. D'Amato.

Mr. D'Amato returned to the hospital six hours after his discharge from the procedure complaining of "severe abdominal pain," according to the report.

A CT scan the next day revealed that Mr. D'Amato was likely hemorrhaging from the spleen, the investigative report states.

Mr. D'Amato was transferred to Danbury Hospital where he died on April 29, 2010, the report states.

Dr. Waldman has been the subject of a malpractice suit in the past.

According to court records, the doctor was sued for malpractice in March 2008 by Laura Brande.

Mrs. Brande, a patient whose breast ultrasound was allegedly misinterpreted by Dr. Waldman in December 2005, subsequently underwent a total mastectomy of a breast in August 2006, according to court documents.

Mrs. Brande sued, citing that her "loss and injuries were caused by Michael Waldman, M.D.'s failure to properly interpret the Dec. 6, 2005 ultrasound," according to the suit document.

Dr. Louis Perez conducted a second ultrasound on Aug. 10, 2006, and described a "solid mass" and said the mass had been present on Dec. 6, 2005, according to court documents. A needle biopsy of the mass found it "suspicious for malignancy," the documents state.

That malpractice suit was withdrawn in May 2011, after an expert witness, Dr. Susan Pories, told the court that even if the "cancerous lesions had been diagnosed as early as December 2005, the surgical options ... would not have been significantly altered," according to a Disclosure of Expert Witness document dated April 11, 2011.

"An out of court settlement was reached," Mrs. Brande's attorney, Charles B. Price, said Monday. "But the matter is confidential and I really can't comment on it further."

Calls to Dr. Waldman's attorney in that suit, Beverly Hunt, of Ryan Ryan DeLuca, were not returned to The Spectrum.

DPH spokesman Bill Garrish declined to comment last week on whether DPH attorneys were aware of the pending 2008 malpractice suit against Dr. Waldman when they reached the proposed settlement with him in the April 2010 incident.

Mr. Garrish said the department could not comment on pending cases.

The Connecticut Medical Malpractice Lawyers Association website cites 2,839 medical malpractice claims in the state that were closed from the last quarter of 2005 through the end of 2009.

No payments were made to claimants in 52 percent of those claims, according to the association's May 2010 report.

Of the claims settled in favor of the claimant, 93.9 percent were settled before the trial began, the report states.

Contact Susan Tuz

at stuz@newstimes.com

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