The suit was being served to Waldman and codefendants -- New Milford Hospital and Radiological Associates of New Milford, the practice where Waldman was an associate -- according to widow Diane D'Amato's attorney, John J. Houlihan Jr., of the Hartford firm RisCassi and Davis.
"The suit was filed recognizing the fact that the Department of Public Health sanctions against Dr. Waldman were between the state and the doctor," Houlihan said Friday. "No action they took or can take compensates Diane D'Amato for her loss."
Waldman was found by Department of Public Health medical examiners to have perforated Thomas D'Amato's spleen in April 2010, during a radiological procedure at New Milford Hospital.
D'Amato, 74, died at Danbury Hospital three days after the procedure. He had been transferred there after returning to New Milford Hospital with complications six hours after the procedure.
Medical examiners found Waldman "recognized that he had perforated the spleen" but sent D'Amato home without telling him.
Nor did Waldman undertake proper monitoring of D'Amato, according to Department of Public Health documents.
On April 17, the state Medical Examining Board sanctioned Waldman. A reprimand was placed on his license to practice as a physician and surgeon in Connecticut, and Waldman's work must be monitored by a licensed radiologist for one year at his own expense.
Waldman is now unemployed.
"I filed this suit basically because I felt like the reprimand from the Medical Examining Board was not sufficient," Diane D'Amato said Friday. "I thought the board should have taken a stronger action, and this is the only avenue of action left to me."
Diane D'Amato said she did not sue immediately following her husband's death because said said neither she nor her husband were litigious people.
"The lawsuit came to my mind when I found out that Dr. Waldman knew what he'd done and didn't say anything. I didn't realize that at first," she said. "Then I waited to see what happened with the medical examining board before taking action myself."
The lawsuit, dated May 18 and filed in state Superior Court, in Litchfield states, "As a result of the departures from the standard of care on the part of the defendant, Michael Waldman, M.D., his servants, agents, and/or employees, the patient suffered blood loss, pain, anxiety, shortness of breath, pain and anguish, all of which caused his death on or about April 29, 2010."
Waldman declined to accept a phone call from The News-Times on Friday.
Houlihan said he would not "lob attacks" at Waldman in the media, but added, "What we are saying is that this was a very preventable death."
Andrea Rynn, director of public relations for Western Connecticut Health Network, the umbrella network of New Milford Hospital, said, "We've previously shared that we are sorry for the loss this family has experienced and would like to reiterate this sentiment. We are obligated by, and respect, the state and federal privacy laws that prohibit us from commenting further."
Waldman resigned from New Milford Hospital in mid-February, according to Dr. Frederick Browne, the hospital's chief medical officer and vice president of medical affairs.
Waldman also left Radiological Associates of New Milford, an office of Northeast Radiology.