November 08, 2024
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S. Portland man wins $3M malpractice suit

PORTLAND – A South Portland man who blamed a doctor and Mercy Hospital for causing injuries during a diagnostic exam won a $3 million malpractice verdict in Cumberland County Superior Court.

Neil Maietta contended an anesthesiologist punctured his bowel with a needle during a procedure, allowing his spine to become infected with E. coli bacteria.

Jurors also found the hospital liable because Dr. Kenneth Blazier, an anesthesiologist and director of Mercy’s Pain Center, was acting as the hospital’s agent. A charge of negligence against the hospital was dismissed by the judge.

Lawyers for the doctor deny that Maietta was hurt during the procedure. They said he had other problems that made him susceptible to the type of infection that caused deterioration of his discs.

“There is overwhelming evidence that Mr. Maietta’s bowel was not punctured,” said Karen Frink Wolf, who represented Blazier.

The trial lasted 13 days and involved complicated testimony from medical experts hired by both sides. Jurors deliberated for six hours before returning a 7-1 verdict for Maietta.

The verdict was surprising in this case because a medical malpractice review panel had unanimously found that the doctor and hospital were not at fault for Maietta’s injury. The panel’s finding was disclosed to the jury, but it found for Maietta anyway.


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