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Death in sex romp leads to medical malpractice lawsuit

Medical malpractice lawsuits exist to provide an avenue for injured patients or their families to recoup financial damages when injuries are sustained. There are of course many things that might cause someone to file a medical malpractice lawsuit. The failure to diagnose or the failure to warn, are examples of hospital negligence that could lead to these types of filings. The family of a deceased man who filed a medical malpractice lawsuit against a doctor based on a failure to warn was recently awarded $3 million.

To many, the interesting thing about the case was not that a doctor's failure to warn the 31-year-old man not to engage in physical activity lead to his death. Rather, the interesting thing about the case was the type of physical activity the man was engaged in when he died. The father and married man was engaged in a threesome with two other individuals. Neither of those individuals was his wife.

In finding the man's cardiologist was negligent in failing to provide the warning to the man, who in addition to complaining of chest pains, had a history of high blood pressure, the jury also assigned some of the liability to the man who died. It determined the man was 40 percent liable for his death. Under the theory of comparative negligence, the jury's award was therefore reduced from $5 million to $3 million. The estate of the deceased man will receive the award.

The cardiologist who was found negligent in this case is reportedly planning to file an appeal in the case. We will provide updates on any interesting developments as they become available.

Source: Reuters, "Man Dies During Threesome, Family Wins $3M for Medical Malpractice," Andrew Chow, June 1, 2012

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