LACONIA – A Manchester man has filed a medical negligence suit against three physicians and the hospital where they work claiming he suffered brain damage because he was not appropriately treated for abnormally low levels of sodium in his blood.

Scott Leduc alleges he developed osmotic demyelination syndrome – a neurological disorder caused by severe damage to the nerve cells of the brainstem - after seeking treatment at Memorial Hospital in North Conway on July 6, 2018. In addition to the hospital, the suit names three doctors as defendants, Sohaib Siddiqui, Mahala Patrick and Marc Daigle.

The alleged brain damage Leduc suffered left him unable to live independently, unable to perform everyday tasks such as use a toilet, dress, groom and eat.

Dr. Patrick, who is represented by Sulloway & Hollis of Concord, denies the allegations represent a complete and accurate recitation of the events described, or that she was negligent in the care of the defendant. She asserts that she provided reasonable and appropriate care consistent with the standard of care and exercised reasonable clinical judgment.

Dr. Daigle and Memorial Hospital, represented by Norman, Hanson & DeTroy LLC of Portland, Maine, also deny the allegations to the extent that they change, remove, add to, mischaracterize or are inconsistent with any portion of the medical records, according to court documents. They deny responsibility for Leduc’s injuries, which they claim were not a foreseeable consequence of any act or omission by them.

Dr. Siddiqui, via his lawyer Adam B. Pignatelli of Rath, Young & Pignatelli PC of Nashua, said he only became involved with Leduc’s care after he was admitted to the ICU and that he required treatment for alcohol withdrawal, pneumonia and pain. He denied all allegations of having caused the defendant’s injuries.

In December, Dr. Siddiqui’s counsel filed a motion for the court to make Leduc turn over cellular phone screen shots and bills revealing his IPhone usage.

In support of the request, Pignatelli argued that Leduc claims difficulty functioning due to alleged neurological deficits, including tremors that prevent him from carrying out tasks he was once able to perform and neuropsychological problems affecting his memory and cognition.

“The requested information is discoverable for the purposes of assessing plaintiff’s level of functioning,” Pignatelli wrote. He maintained the request is narrow and proportionate to the significance of the issues in dispute.

“Plaintiff has put his medical condition, ability to function and future abilities at issue in this case," the lawyer wrote in his motion. "The documents sought will assist the defendant in evaluating those claims.”

Just 13 days later, Attorney Pignatelli filed a motion explaining the parties had resolved the dispute and that a judge need not rule on the request.

The case, which was moved to Belknap County Superior Court due to a judicial conflict of interest in Carroll County Superior Court, is now scheduled for mid-September if the parties are unable to negotiate a settlement.

Wednesday, February 19, 2020
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