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Defense Verdict Obtained on Behalf of Hospitalist

Doug Morgan and Rebecca Capozzi obtain defense verdict on behalf of hospitalist

MBB+M Shareholders Doug Morgan and Rebecca Capozzi recently obtained a defense verdict on behalf of their client, a hospitalist, after a seven-day trial in Middlesex Superior Court (Woburn). Plaintiff alleged that their client negligently advanced a patient’s diet and failed to safeguard against possible aspiration, thereby causing the patient to suffer an acute aspiration event leading to cardiopulmonary arrest and subsequent death from anoxic brain injury. The defense contended that the hospitalist’s treatment and clinical judgment was at all times appropriate and consistent with the standard of care. Moreover, they argued that the patient was monitored at all times by a 1:1 sitter and there was no evidence of an acute aspiration event. After roughly an hour of deliberation, the jury returned a defense verdict, finding no negligence on the part of their client.

Doug Morgan

Rebecca Capozzi

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