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Subscribe to RSSThe estate of a Georgia man who died during three-way sex with a friend and a woman who wasn’t his wife was awarded $3 million in a medical malpractice suit, his lawyers said.
A Gwinnett County jury determined Tuesday there were $5 million in damages, but because it found William Martinez of Lawrenceville was 40 percent liable for his death on March 12, 2009, the award was reduced, the lawyers from Edmond and Lindsay of Atlanta said.
The jury agreed that cardiologist Sreenivasulu Gangasani of CardioVascular Group in Lawrenceville failed to warn Martinez to stop all physical activity in the week between the time Martinez came to see him with complaints about chest pains radiating into his arm and a heart stress test -- scheduled the day after the patient died.
Cheating guys more likely to die of a heart attack
"Our case was strong on the medicine, but the case was particularly challenging and unusual due to some extraordinary and sensational facts surrounding the victim’s death,” said attorney Rod Edmond, who is also a medical doctor, in a prepared statement.
"We’re definitely going to appeal the verdict and the judgment," attorney Gary Lovell Jr., who represented Gangasani and CardioVascular Group, told the Atlanta Journal-Constitution.
It was unclear if the money would go to Martinez's his wife and two sons.
Msnbc.com's Jim Gold contributed to this article. Follow him on Facbeook here.
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This is straight from StupidVille.
Is is only here in America where one can knowingly participate in such bad practices and then have SOMEONE ELSE pay for it.
Either the jury was bribed or they are brain dead. Could the attorneys be that good of salesmen?
Darn, if he had just been able to persuade those additional two friends and three other women to join in , .... this judgment could have been HUGE! Imagine the compensation for "death by eight-some"!!!!
There are lawyers working on class action status for this suit as we speak.
This is what makes our country suck.
The sad part is juries are led to believe its not real money the Doctor has malpractice. We have lost all sense of accountability. A Doctor really has to tell you not to have a threesome when your having issues with your heart. When does common sense count for something. And people wonder why healthcare costs sky rocket due to defensive medicine....here's your answer
Let me get this straight: You get to die having sex which is literally the best possible way to go, and someone gets to sue for it? RIDICULOUS!!!
That's straight up ridiculous to sue the Dr.!!! If your having that kind of pain and medical trouble common sense tells you that strenous activity is a BAD idea. Thanks to the bozo's that will collect the cash the rest of us will get stuck with higher medical bills for their frivoulous law suit!!!! Maybe an attorney needs to start a class action suit against people like this getting money for NO GOOD REASON!!! How many decent Dr.'s in this country have to stop giving patients particular services and lose business, profits, staff etc. due to the money grubbers?? the POS's that make it harder for others who have a justifiable cases!! Cheaters never prosper, particularly this guy!! Why should anybody gain from the Dr. who is absolutely NOT at fault??? The man's wife and son's should be ashamed to accept any money off of this!!! The guy's dead, you have everything else that was his and that's all your entitled to!!!!
Sounds like a great way to go.
Can I get a lesser settlement up front?
skrewdworld
Why should anybody gain from the Dr. who is absolutely NOT at fault???
---------------------------------
I hate to break it to you but the jury, who, unlike you, saw/heard the evidence in this case, saw it differently. Whether they were right or wrong I do not know as I wasn't in the courtroom. It amazes me how many people get on sites like this and make big/bold statements based on nothing more than the article they are reading. There's a reason for that old saying "opinions are like a**holes, everyone has one". Unfortunately most are uninformed.
Can our legal system get any more broken? The legal system is just a national lottery that doens't even cost a dollar to play. And yet we wonder why our health care costs so much! The more stupid you are, the better chance you have to win it would appear. A society where somebody else is responsible no matter how stupid or careless somebody may be, created by ambulance chasing lawyers. Interesting how I've never seen an award for legal malpractice. That's because the lawyers may not have any moral compasses, but they do protect each other.
Sorry imwhitewolf...juries OFTEN award large sums to people who clearly lack common sense. Who doesn't know that pain in your arm etc. is a likely sign of an impending heart attack and if you are in pain you should take it easy?? Come on! Americans lack accountability for their own behavior because we don't count common sense as an expected behavior.
They are wondering if the money will go to his wife and 2 sons? Who should get it? Maybe the other parties in the threesome?
Case after Casey ... jurors seem to be idiots ............
When I've been on a jury, I've been among the hardest to convince and I generally feel that malpractice suits are overused and that amounts awarded are too high and that the notion of personal responsibility is sorely diminishing.
But...
First, let's remove the sensational aspect of this. Assume the guy worked in construction and went to work and died while lifting sacks of cement instead of while engaging in ménage à trois. The trial is not about his moral choices or his arrangements with his spouse.
Second, consider that the stress tests appears to have been scheduled for a week after the doctor's visit. It, I think, is reasonable for a patient to assume, without other guidance, that such a delay suggests that the problem is not critical (perhaps I'm fortunate to have particularly good medical care, but I'm pretty sure in such a situation I'd have a stress test within 24 hours if it was considered important vs. just "dotting all the i's and crossing all the t's").
Third, I think clearly the doctor should have advised against strenuous activity if it was medically advisable to do so -- especially if such a recommendation would be normal "standard of care" in such a situation. Although, as a patient, I try to ask about all such things, I sometimes forget. I think it's reasonable for a patient to assume that the absence of such a warning would mean there was not a concern.
Although, I'm curious how anyone knows that the doctor did not advise him to curtail physical activity. Perhaps his wife attended the appointment with him and absolutely recalls it not being mentioned (she could have missed it due to the duress of the moment)? Perhaps the patient was disposed on his deathbed and stated this (not, I fear, a very reliable source as he may have just missed the caution due to the duress of the moment during the initial exam)? If the doctor agrees he didn't give the warning and credible experts testify that it would be appropriate and standard to have provided the warning given what the patient said and what his exam revealed, I'd be inclined to find the doctor at fault.
What perplexes me a little is the patient being 40% liable though. If the patient "should have known" to curtail physical activity, then he seems 100% liable. If he shouldn't have, then he seems 0% liable. Perhaps if I had all the fact the jury did, I would understand this better, but it seems strange - for example, just because 40% of the people would have known doesn't seem to increase the liability of those who didn't know.
The doctor probably did mention it. However, he probably did not document that he advised the patient to avoid strenuous activity. When it comes down to it - if it's not in the record, it didn't happen.
Mr. Mojo -
Mr. Martinez paid BIG time. He did not get off scot free.
Mario- Mr Martinez made his own bed. HE was not sued. A doctor who was not at the threesome- nor has any control over who when and why this person had sex. You sound like you were one of the jurors.
So the female participant is considered "drop dead gorgeous" and it's the doctor's fault?
I need to sue my urologist because I was a little premature in my three-some. He didn't warn me that if I was overstimulated I might have a negative outcome. It's his fault that I also am too embarrassed to participate in any tag team action now.
Any lawyers out there willing to take on a "no boner pro bono" case?
Mr. Martinez died. He did not nor can he sue anyone. He gets no further pay-off.
.
That assumes strenuous activity causes the majority of heart attacks. That assumption is incorrect
So the female participant is considered "drop dead gorgeous" and it's the doctor's fault?
I need to sue my urologist because I was a little premature in my three-some. He didn't warn me that if I was overstimulated I might have a negative outcome. It's his fault that I also am too embarrassed to participate in any tag team action now.
Any lawyers out there willing to take on a "no boner pro bono" case?
That is SO funny and perfect! Thank you for making me laugh. I needed that after reading this ridiculous article. What's next? Can't wait to see....I think.... :-)
So I'm curious, did the dead man tell the jury that he wasn't told to curtail intense activity? Since he was cheating on his wife maybe he lied to her about the outcome of the appointment he had that resulted in a heart ECG being scheduled. Gosh doc, why do I need a stress test for my chest pains? Really?
Seriously, without tort reform we will never get medical costs down to an acceptable level. Unfortunately the vast majority of our elected officials including our worthless president have taken tort reform "off the table" regarding any debate for actual reform of our health care system. The Legal fraternity will not police their own. The trial lawyers will not willingly limit their "lottery jackpot" regarding medical malpractice suits.
It's time to start electing non-attorneys to office. Being a Professional Parasite should be a dis-qualifier at the voting booth!
I just want to say, WTF?
Brendon Chan
I just want to say, WTF?
I take it, re this article about a 3-way, that the "W" in WTF stands for "Who".
He came and went at the same time!! I heard people have died falling out of bed but they're not suing Serta. Are they??? Common sense would tell you if you're having chest pain not to do something stressful. I forgot common sense died long ago in this country.
The last words out of his mouth were "oh Lordy, I'm c@mm!ng".
What a way to go!
Really... Really... who is picking these jurors? Were they the same ones that presided over the Casey Anthony case? Is this how Southern juries work?
From info from the doctors, this guy must have been a complete idiot... he had either a stroke or a heart attack around the corner...
Well, whether his wife and kids get any money or not, I am sure she will be better off without this sleeze ball...
Who place the suit. the dead guy? this smells fishy. and very smelly !
The suit was almost certainly brought by his estate... Whoever is the executor of his estate would have brought the suit. Basic law...
Your statement is grossly incorrect. Anyone can be named executor of a will/estate for probate. Only those with legal standing can initiate a civil lawsuit. Basic law. Hope your not a practicing attorney.
Ridiculous awards like this are a big part of the reason for why we pay so much for Medical Coverage in the US. The costs would be a lot lower if the providers didn't have to shell out so much money for insurance to protect them from frivolous lawsuits like this one.
Pete, Little Stewie looks like he is actually making the comment. LOL!
I've heard people say that if your are going to die, die doing something you love. He obviously wasn't doing his wife! Hopefully when I die it will be in my sleep. I don't want to know when it happens.
He probably died from the sress of being left out.
How come Viagra wasn't one of the defendants in the lawsuit?
and we wonder why the cost of medical care is out of control
What a ridiculous precedent set. Now all cardiologists are going to have to have their patients sign a sex disclaimer. And a porn disclaimer. And a Comedy Central disclaimer...
What an extraordinarily misinformed comment. Blood pressure and heart attack risks are at their greatest during sleep . . . no wonder this country has been headed down that slippery slope for several generations. No one wants to self-educate - to many are far too addicted to their TVs and the attitude of "if it isn't in my little world, then I don't have to bother being informed." God help us all.
get a real life its called sarcasm....wow really
Why in the hell would your blood pressure be higher in sleep? You are just throwing random facts out of your ass. When you sleep everything slows down. Heart rate, BP, resp. rate. Only thing that increases is brain activity and only in certain stages of sleep. Obviously, you are 'self-educating' on bull@!$%# websites, GetReal. Please, do us all a favor and quit trying to make others feel stupid. You'll like this fun fact: People that that act like they are smarter than everyone else usually just want to make themselves seem that way because, in reality, they are no better than the rest of us. I bet you just google everything just to be contradictory.
Ummmmm that may be true, but my guess...he wasn't sleeping. HA!
Yes, I'm in healthcare and I thought the original comment was hilarious!
GetReal
Go take your Geritol and Metamucil and get some rest. You sound tired and cranky.
What is GetReal so worked up about?
GetReal-3945171 writes: What an extraordinarily misinformed comment. Blood pressure and heart attack risks are at their greatest during sleep . . .
So why then would the doctor have been found guilty of malpractice for not warning against strenuous activity if the biggest risk is what you claim??? Wouldn't the defense merely cite the 'fact' you claim above from reputable journals, literature and sources?
hahahaha, get real is self-educated, makes you wonder about anything he says.
It is the body changes which occur during the course of awakening which bring on the heart attacks. I could routinely count of being called out on ambulance runs or police calls (been there done both jobs) at five to six in the morning. The lawsuit indeed would be brought by someone who steps into the shoes of the deceased by acquiring his standing to sue. This is routinely his representative in the administration of his estate and, in some jurisdictions, a person or entity who is similarly situated to deceased in relationship in fact and law to the respondent.
Ah, isn't the wife to blame as well? Shouldn't they have maybe, I don't know.. Asked the docters if EVERYTHING was in tip top shape before he went and rushed into a three-sum act?.. I don't know, this just doesn't seem right to me at all..
His wife wasnt there
That's why she sued. She wanted to be in on the fun and for whatever reason that offended her that she wasn't enough of a hotty-toddy she wasn't included. Maybe now with a few millions, she can afford to get the makeover she needs to "get some."
@Jessie --- Maybe she should have been. She probably would have decreased his "sex drive" to a safe level with the same old, same old.
He was a whore. Glad his wife will get something out of it; it doesn't sound like he was much of a husband! If she wasn't having sex with him it's likely because he was a fat pig that didn't take care of himself (which is, of course, evidenced by his dying of a heart attack).
His estate should not get anything from the doctor. The doctor scheduled a stress test to verify what had happened. You can't be certain about some things until tests are run. The doctor was fine it was the sleazeball husband that wasn't.
I hope that bonos has the same insurance company as the one the might have to pay this settlement. Then he can say how wonderful it was that his premiums went up!
I don't think I read this right, I went to a cardiologist once because the doctor said he thought I should and for the week it took me to get an appointment I thought I was a dead man the doc hook me up to one of those machines that reads your heart and said I think there something wrong with the machine you should see a specialist just to make sure. This idiot has chest pains sees a specialist and still has a three some and dies and is only 40% responsible, WTF!
He was having chest pains because of his sexual activity, was worried, but went on ahead to do his thing. He and only himself is to blame for his behavior. Who in heaven gets the money,? The jurors didnt care one way or the other. If the wife and children got it Good. At least something came out good. and Good Riddance. !
bubba------------The doctor should have warned him not to have sex with a man and women or dogs and animals.
I read about these ridiculous judgments all the time and can't believe our court system is so flawed. When I first started reading these posts and it seemed like everyone felt the same, I was going to ask where in the world these idiotic jurors come from, but after reading a little farther, I am beginning to see. And I am sick of the lazy parasites (and the parasites kin) who won't take any responsibility for themselves but actually do STUPID things and then want someone else to pay them for being so STUPID. But I guess they have no pride and figure as long as they can find enough STUPID jurors to break someone else's back for their laziness, they might as well. Can anyone say, "STUPID"?
He was getting it up & on=not feeling any stress.
@ncvet, what about cancer, aids, herpes, etc. there are still plenty of things that doctors cannot cure.
Do you realize how "hard" it is to win a medical malpractice case? They had to show that the doctor breached the "standard of care" meaning that other doctors testified against the defendants. And not just paid expert for the victim, but mostly likely the defendants' own experts admitted that the defendant "should have" put the victim on restrictions.
It would appear that the doctor did little, if anything, to inform his patient of his potential condition. Perhaps doc said "don't worry, it is likely just heartburn. You are too young & healthy to have a heart problem. But I'll schedule a stress test, just to make sure, but I'll schedule it for next week as there is no emergency."
What if the man was a straping young buck who had no health problems and no reason to suspect the worst. He could've just as easily died climbing stairs than a 3some. The 3some is irrelevant. Also, we don't know how vigorous was his activity in the 3some, if he was just passively lying back and not exerting himself, why should he think he might have a heart attack?
The jury verdict is not a moral judgment on the man, just an economic judgment. His life was valuable to wife, kids, valuable enough that he deserved a doc who met the minimum standard of care. The kids should not be penalized for the sins of the father.
you must live in StupidVille also.
"The jury verdict is not a moral judgment on the man, just an economic judgment. His life was valuable to wife, kids, valuable enough that he deserved a doc who met the minimum standard of care. The kids should not be penalized for the sins of the father."
neither should they be rewarded. That is the reason for expensive health care. The stupid lawsuits !
So how was the doctor suppose to know that this guy was doing a manage-a-tois? Is that now required for a doctor to ask a patient with an obvious heart condition - are you having an affair with two other people without your wife's knowledge?
@YFreedman --- What if the wife had screwed him to death? What would she and/or his children get then? Probably not a damn dime. So why penalize the doctor and drive up medical costs. The only thing doctors can't cure is STUPID...exactly what this Martinez fellow died from...STUPIDITY.
People like you on juries like this is the cause of out of control jury awards and rising costs of medical care. I suppose you believe the women who spilled hot coffee on herself deserved the multi million awarded when she sued McDonalds?
Your right. People are just judging him based on what he was doing at the time he died. If he would've had been with his wife at the time having a love session all these people wouldn't have judged him as bad. It was his Dr. responsibility to advise him properly of his activities. Heart conditions aren't a joke and should always be taken serious. I should know. My doctor advise me, the minute I mentioned the pain, to stop all heavy activities until my test came in. Those few words would have saved this medical facility millions.
Juries are our downfall, not the legal system. Quit awarding stupid people money for being stupid. Jail them and do us all a favor. Get rich the old way, earn it!
Tom 309324: Do you know anything about the McDonalds cofffee case? That poor woman deserved every penny she got. She had 3rd degree burns that required skin grafts. She initially asked McDonalds to just pay the medical expenses and lost wages, $20,000. They offered $800. That is why she sued. You should watch the documentary about the incident. It is called hot coffee the movie. Google it.
Itica, she ordered coffee. Most people like their coffee hot. She spilled the coffee on herself. If an employee had spilled it on her, the blame would have been on McD's. SHE SPILLED IT ON HERSELF. How can the store be liable no matter how injured she was? That is ridiculous.
How, pray tell, did they calculate the 40% responsibility? This is so ridiculous!!
tiredofthelunacy -
The coffee wasn't just "hot." It was superheated. The McDonald's had received complaints about it many, many times and did nothing to address the problem. If she had drank the coffee from the cup at that instant, it would have caused 3rd degree burns inside her mouth. Much more severe than an "Oh, ouch! Better let it cool down!" moment.
We're talking not just a reddening of the skin, like you'd expect from being scalded by hot coffee, but burns all the way through her skin and into the tissue below, with permanent nerve damage in her lap, through her inner thighs and genitals.
If you bought coffee from a fast food joint and dropped it in your lap and it burned the skin of your penis so bad you had no more feeling in it for the rest of your life, you'd find that a bit unreasonable too. All she asked for was for McDonald's to pay her medical bills and lost wages. She was hospitalized for 8 days. McDonald's offered her $800 bucks. Talk about a slap in the face.
Or maybe a martian caused his heart attack. If you just want to make things up to fit your viewpoint, youll win every argument
The fact is there are many triggers of heart attack, and physical exertion is not as dominant as one might think
Coffee can do it, as well as high emotions.
Let me get this one straight...no joke intended here; the dude is having a threesome and dies but someone thinks his doctors should have told him "not to have sex", with anyone until he had his cardiac evaluation.....hello ! does anyone believe he was going to do anything differently ? You can't quarantine a likely fat and middle age guy and tell him he can't take Viagra or he will die.......he will die, simple as that. He will make that choice and he did.That is male behavior page one. His wife ( estate) is trying to punish the community for her husband's betrayal. Not fair at all. The women he had sex with should get that money instead of his estate. They were misrepresented and lied to. He did not measure up !!!! shock to them the jerk died in the mist......
If the wife wants to sue somebody she should be suing the people her husband was sleeping with!
He probably has life insurance and his wife will get SS for the kids. That lawsuit was simply shameful. Most patients do not do as they are told.....no one can strap them to an OR table and should not. We have free choice whether it kills us or not. The jury was brain-dead. We seem to see a lot of those people. To rely on some uneducated and idiotic group of people who get totally snowed by lawyers is not justice. It is travesty. They are not anyone's peers, simply fools who were too dumb to get out of jury duty. By the way, the lawyers will get around 60% so that woman better save her pennies. A mil does not go as far as it used to.
How did they know his cardiologist had not warned him ? It is between the cardiologist and the dead man. Who are we going to believe ??? get real ...this is a scam. I hope the cardiologist contests it. The dead man should not have a leg to stand on. Surely he was told but he decided to enjoy himself instead. How many men actually say : I want to die in the sack ! Plenty and they mean it.
Medical records. Physicians are taught to record everything - Subjective findings, Objective Findings, Assessment, and Plan. The plan is suppose to include anything the patient is told to do or not to do (such as avoid strenuous activity, including sex, etc., etc.). Also, if the patient states they aren't going to follow part of the plan, that is to be documented also. Essentially, it is considered that if it's not in the record, then it didn't happen.
Ok so 70% of the world serial killer come from america. Wonder why, its because "our moral compass doesnt point north"-qouted. And personally the man should have paid to die that way. lucky...
or more serial in America are CAUGHT.
In most countries, the police force is incapable of catching them or are completely apathetic to the issue. Just like pedophilia, rape, torture etc.
What's that got to do with nookie and heart attacks?
Just askin'
It's a moral thing?
Sex is a fun thing with consenting adults in the room.
Have a good time!
What he did was immoral, but the worst crime is the raping of the public who have to make up these humongous lawsuits, not only in sky-high insurance costs, but in inflated medical bills so doctors and hospitals can pay their outlandish insurance costs.
Ok wolfie learn to read he wasnt having sex with his wife, it was with another women and a friend. I think the doctor should have warned him but lets be honest he probably wouldnt have listened. There are some legit cases but this one just seems stupid. If he wasnt feeling well he should have rescheduled his threesome or better yet not screwed around on his wife in the first place (assuming she didnt know).
OK, so he went as he was cumming , that is the way almost every man wants it,, I bet it took a whole day for the mortician to get the smile off his face, and even longer to hide his ,, well that will be covered by the lower lid of the coffin LOL........
LMAO Post of the day!
Way to go Robert, roflmao .Man, that was so good, still chuckling.
Ridiculous!
He went with a smile......and that's the best reward. As for the wife.....sucks to be here when the 3M reward is overturned and her and her legal team get nothing.
He was an adult man who was capable of maiking decisions on his own...right or wrong.
I wonder what lawsuit would have been brought forth if he doed while screwing his own wife.
So one would think that if you had a series of severe chest pains you might use your head refrain from any excessive activity. How is it the doctors fault. This is why health care is so F---ing high because ridiculous lawsuits that are given merit by a bunch of retard jurors.
I think it's past time we start looking at the fact that he caused this situation and not the doctor. We keep giving ridiculous settlements for personal fault of the victim none of us will ever have to worry about health care because it will be out of the range of affordability ever.
I agree with everything you said ..except for the use of the word "retard". It gives persons with that type of disability a bad name. Most are smarter and more compassionate that anybody involved in this story from Martinez to his money grubbing wife and attornies, to the dumb ass jurors failing for this BS.
The guy went to the doctor complaining about chest pains. The doctor asked, "What have you been doing?" "My neighbor and his wife." The doctor responded, "Sir! Take yourself in hand, man!" "Oh, I do. Three times a day..."
Ba-Dump!
Talk about virtually everyone cleaning up. This guy, with a heart condition, was having a bisexual affair (we all know it was - it said "people," not "two women") and died with a smile on his face. His wife, who either wasn't "pretty" enough to join in, or didn't care to join in, lost her husband who died happily without her. She gets millions. The doctor, who didn't think to ask: are you dilly-dallying with a woman and man and if you are you shouldn't because your heart can't take it, is the one who lost out. Well, his insurance company lost out.
The Casey Anthony jury must have migrated to Georgia.
The jury is this story gave a verdict based on sticking it to the Doctor and the insurance companies. Probably kind of a pay back for their high costs of health care in their minds?? There was no evidence really that this Dr. should be PENALized for his patients ignorance. In the Anthony story the jury did their job and did NOT convict on their feelings. The prosecution is the failure in the Anthony case.
That is bull.
Now that is the way to go....having a threesome......and then getting paid for coming at the same time he was going. I do have one question though....was the friend a man or woman?
Now I understand fully understand what type of health reform we really need. It's called common sense.
I don't think it was the cool kind of threesome most men would hope for. If it was, the article probably would have read "Georgia man who died during three-way sex with two women, neither of which were his wife."
Can you imagine being the "friend" in that situation? Awkward doesn't even begin to explain how he must of felt when he saw the guy keel over, then had to tell the cops about it.
the jury thinks the insurance is paying it.......guess what jokers[jury]....we r paying it in higher medical premeiums and co-pay cost.........................................
If he was worried enough to go to the docs about chest pain, he should have been smart enough to lay off the extra-curricular exercise. This country is turning out brain dead jackasses by the millions. Someone ought to sue.
He died of self inflected injuries.
Then someone else is expected to pay for his actions?
Surely this is taking I am not responsible a little too far?
Although the legal industry seems to have found it rewarding.
and this is why medical insurance is so freakin high!
@al-387397
I highly recommend you download the financial reports from last year for your medical insurance carrier. You'll find this isn't the reason the premiums are so high. And you'll also find out how much money they're making! But hey, as long as they can keep the average Joe stupid about the situation, they can keep making the obscene amount of profits! Stay stupid American - the 1% loves you this way!!