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Witness: Weis's doctors waited too long

Says delay caused damage to legs

Former Patriots' offensive coordinator Charlie Weis (center) and his wife, Maura, with Weis's attorney Michael E. Mone. (TED FITZGERALD/ASSOCIATED PRESS)

A specialist testified that former New England Patriots offensive coordinator Charlie Weis would not have neurological damage to his legs if doctors had performed a second operation more quickly than they did after his initial gastric bypass procedure in June 2002.

Alan C. Wittgrove, the medical director of the bariatric program at Scripps Memorial Hospital in La Jolla, Calif., testified for nearly 3 1/2 hours yesterday in Suffolk Superior Court on the third day of the trial in Weis's malpractice lawsuit. The lawsuit alleges that Massachusetts General Hospital surgeons Charles M. Ferguson and Richard A. Hodin acted negligently by allowing Weis to bleed internally for 30 hours after the procedure June 14, 2002. Weis underwent a second surgery June 16.

Wittgrove said Hodin should have detected a leak from the initial surgery sooner. Ferguson should have increased Weis's thiamin intake following the second surgery, he added.

Defense attorney William J. Dailey Jr. questioned Wittgrove's credibility, saying he had not seen X-rays of Weis until yesterday morning despite being contacted about the case before Thanksgiving. Dailey, who has stated that Hodin acted in the best interests of Weis because of the possibility of a pulmonary embolism, which would have made a second surgery extremely dangerous, also questioned Wittgrove by asking where in the medical reports by specialists following Weis's initial surgery there was mention of any leaks.

"There is nothing in the report that says there is a leak," Wittgrove responded.

Judge Charles T. Spurlock called attorneys on both sides to the bench four times for sidebar conversations, as the questioning became mildly contentious.

Patriots quarterback Tom Brady is scheduled to testify on Weis's behalf today.

Prosecutor Michael E. Mone said Brady can speak about Weis's long road back to coaching and the state of mind of Weis's wife, Maura, on that June weekend.

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