In a medical malpractice story that has recently made national headlines, the widow of a man who had a fatal heart attack while having sex with two other people has been awarded a $3 million wrongful death verdict against his doctor. Police officer William Martinez died on March 12, 2009 from atherosclerotic coronary artery disease.
He reportedly collapsed during a sexual counter at a hotel with a male friend and a woman who was not his wife. Martinez was pronounced dead by EMTs not long after.
His wife, Sugeidy Martinez, went on to sue his doctor, Sreenivasulu Gangasani, and the Cardiovascular Group, where the physician is a cardiologist. Sugeidy contends that the heart doctor not only failed to properly diagnose her husband's chest pains, high blood pressure, irregular heartbeat and shortness of breath but also, Gangasani should have told him to refrain from any type of strenuous activities until more tests could be conducted.
Her attorney even said that after Martinez went to the Cardiovascular Group for a checkup of his heart-related symptoms, Gangasani should have immediately sent the policeman hospital so that a stress test could be conducted. His blocked arteries would then likely have been immediately identified and diagnosed.
The jury agreed with the plaintiff's contention that Gangasani was negligent by not properly diagnosing and providing proper treatment for her husband's heart condition, and she was awarded $5 million. However, because jury members found Martinez 40% responsible for his death, the award amount was lowered to $3 million.
Failure To Diagnose
Failure to diagnose can be grounds for Orange County, California medical malpractice. So can delayed diagnosis and wrong diagnosis. Not correctly and immediately diagnosing a patient's condition can result in serious health complications and may even prove fatal.
"We know how upsetting it can be to discover that a medical condition or illness that could have been treated early and successfully is now a life-threatening ailment because a doctor failed to properly diagnose," said Anaheim failure to diagnose attorney Vincent Howard.
California Medical Malpractice
A California medical malpractice action for wrongful death or personal injury has to be brought within a year from the date that the claimant found out about the negligent act. However, it cannot be submitted more than three years after the date that the injury actually took place. For California medical malpractice injuries to minors, the legal action has to be brought within three years from when the negligent act happened--unless the victim is younger than 6, in which case legal action has to be started before his/her eighth birthday or within the three years.
Widow of Atlanta cop who died during three-way sex is awarded $3 million, MSNBC, July 8, 2012
Jury awards $3 million in man's sex death, Atlanta Journal-Constitution, May 31, 2012
More Blog Posts:
$635K Newport Wrongful Death Verdict Awarded in Orange County, California Medical Malpractice Case of Woman Who Suffered Anesthesia Complications While Getting Dental Implants, California Injury Lawyers, June 7, 2012
Los Angeles Medical Malpractice?: Beverly Hills Plastic Surgeons Linked to 5 Lap-Band Deaths and 1-800-GET-THIN Marketing Campaign, California Injury Lawyers, May 15, 2012
Rowland Heights Doctor Accused of Los Angeles Medical Negligence and Murder, California Injury Lawyers, February 28, 2012
Because California is a comparative negligence state when it comes to personal injury, even if the victim is found to be partially at fault, he/she can still recover compensation for the percentage of the act that was the fault of the other party or parties.
In San Bernadino County, Los Angeles County, Riverside County, and Orange County, California, Anaheim medical malpractice attorney Vincent Howard represents children, adults, and their families.
California Injury Attorney Vincent Howard is the founding partner of Howard Law, PC.