Doctor settles wrongful death suit

A settlement has been reached in the wrongful death suit brought by Diane D'Amato, as the executrix of her late husband's estate, against Dr. Michael Waldman.

D'Amato's attorney, John Houlihan Jr., confirmed Monday a settlement had been reached. He said a confidentiality agreement had been entered by the parties.

Waldman paid the estate of Thomas D'Amato $500,000 to settle the suit, according to Housatonic Probate Court documents of Oct. 10.

"This settlement has brought some sense of closure for me," D'Amato said Tuesday.

She declined further comment.

In April 2012, Waldman was found by the state Department of Public Health medical examiners to have perforated Thomas D'Amato's spleen April 26, 2010, during a radiological procedure at New Milford Hospital.

They found that, while Waldman was aware he had perforated D'Amato's spleen, he sent him home without telling him or consulting with another doctor.

D'Amato died three days later, according to state Department of Public Health documents.

In April 2012, the state Medical Examining Board sanctioned Waldman. A reprimand was placed on his license to practice in Connecticut and his license was placed on probation for one year.

Waldman's attorney, Peter Sachner, declined to comment on the settlement.

Sachner did say, however, the probation period on Waldman's license to practice ended Sept. 4. Waldman is now practicing in New York, Sachner said.

The wrongful death suit originally named New Milford Hospital and Radiological Associates of New Milford LLC as defendants, along with Waldman.

Both the hospital and Radiological Associates were later dropped from the suit.

stuz@newstimes.com; 860-355-7322