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Estate of victim 40 percent at fault receives $3 million

In Ohio and elsewhere across the country, it is a doctor's responsibility to clear a patient for everyday activities. Often this approval comes in the form of a lack of prohibiting certain activities. While it may feel slightly embarrassing, sexual activity can be dangerous for some patients with certain known aliments.

One man Georgia died while he was in the midst of sexual activity because his cardiologist failed to warn him not to engage in sexual activity. The man complained of chest pain and was set to undergo a procedure the day following his death. The married father of two was also deemed partially responsible in his death along with the doctor error.

A medical malpractice suit was filed on behalf of the man's estate and due to the doctor's negligence, resulting in the man's estate being awarded $3 million. This figure comes after the reduction accounted for the decedents 40 percent liability. The victim's liability in his death reduced the award from $5 million to $3 million, still a substantial figure. At this point, it remains unclear if the wife or the couple's children will see any of this money.

This case is not only unusual because of the circumstances surrounding the victims death but also because it illustrates that a jury can deem that the victim is partially responsible but still deserving of compensation for medical bills or pain and suffering. In this case, the victim was 40 percent responsible for his death, but his estate still received a very substantial award.

Source: Reuters, "Relatives of a Georgia man who died during a three-way sex tryst will get $3 million from the man's doctor in a medical-malpractice case," Andrew Chow, June 1, 2012

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