A jury in Gwinnett County, Ga., has awarded $3 million to the widow of an Atlanta police officer who died while having three-way sex, finding that his doctor was negligent in not properly diagnosing and treating his heart condition.
The decision came in a medical malpractice case filed by Sugeidy Martinez, the widow of police officer William Martinez, against Dr. Sreenivasulu Gangasani of Lawrenceville, Ga., and the Cardiovascular Group, where Gangasani is a board-certified cardiologist, according to WXIA-TV.
According to court documents cited by the television station, William Martinez and a friend were having three-way sex with a woman who was not his wife at a hotel near Atlanta’s airport on March 12, 2009. Around 3 a.m., he fell off the bed and became unresponsive. EMTs couldn’t revive him and he was pronounced dead less than an hour later at a hospital.
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The cause of death was determined to be atherosclerotic coronary artery disease, or hardening of the artery.
“The type of sex that he was engaged in is the type that’s totally unacceptable in our community,” said Rod Edmond, attorney for the Martinez family, WXIA reported. “But the fact of the matter is this man could have died running on the treadmill, running after a criminal.”
Martinez’s widow claimed Gangasani did not properly diagnose Martinez’s high blood pressure, chest pains, shortness of breath and irregular heartbeat, and that he did not order Martinez to avoid strenuous physical activity until more tests could be done.
On May 29, a Gwinnett County jury agreed, finding Gangasani negligent. But jurors also concluded that William Martinez was 40 percent responsible for his own death, and reduced the award to his widow from $5 million to $3 million, according to WXIA.
Gangasani’s attorney, Page Powell, told WXIA the verdict would be appealed. Powell said the Gangasani “did everything he could” to prevent Martinez’s death but Martinez had a history of not following his doctor’s orders, which included refraining from strenuous activity.
Martinez left behind his wife and two sons, ages 7 and 9.
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What a load of crap.
But he died happy!
Well the US legal system has hit a new low in what it will sue people for. Everytime that I think they cant shock me again with their idiocy, they one up me. And the people on the jury only showed 40% common sense in my opinion by finding Mr Martinez 40% responsible for the lifestyle he chose to live. I am glad to know that I can blame someone else for all the poor choices I have made in my life. Of course I am basing my opinion on the very little information on Mr Martinez heart condition and what the doctor did or didnt do mention in the article. But the fact that this ever went to court is just surprising to me. No wonder we are a nation that is deteriorating quickly.
$3 million ... now maybe my wife will allow me to have a three-way with her sisters
I agree. Total Bullsh*t. She was just MAD!
Frivolous lawsuits like this are just one of the big reasons for why our health care is expensive in the US.
Its to funny to believe..he died with a smile on his face..and his wife gets $3 million from people not even involved in the three way sex at hotel room.
Boggles the mind.
Lawyers, a main ingredient in society's demise.
Yeah, so will his wife. Not every woman gets multi-millions when her husband has an embarrassing affair that makes the news.
Do POLICE DEPT. doctors examine those who are there to "protect and serve" ?
Not following Dr. orders is bad behavior..but the threesome stuff is irresponsible craziness....or did he expect the Dr. to itemize that on the list of do's and don'ts?
The company that made my clown shoes neglected to take my fallen arches into consideration and my red nose makes a flatulent sound instead of a playful squeak... next stop... a Lexus dealer!
I hope his two sons never, ever google his name.
“The type of sex that he was engaged in is the type that’s totally unacceptable in our community,”
What a boring ass community....
Is this what they mean when they say "come and go"?
Dr blew it. Husband apparently did not tell wife whole truth of physical results, OR Dr. did not tell wife due to patient confidentiality. Bottom line...Dr should have immediately conducted the additional tests.
I survived a heart attack because my wife was involved in the information, and I got the additional tests that...resulted in a triple bypass, I am still active because she was actively involved in my health-care...as I am in hers...she is a 10+yr cancer survivor.
Can't wait to have the federal government getting more involved in the nation's healthcare...the next widow who files suit won't simply be suing one doctor, she'll be suing 100 million taxpayers !
oldotto, the cop died the day before he allegedly had an appointment for such tests to be done, and for the wife to not know about the seriousness of his condition speaks volumes about THIER relationship. I couldn't find anywhere, where it says whether he was on/off duty at the time, not that it makes a difference or not concerning his infidelity, and the future embarrassment/shame which will follow his sons the rest of their lives because of his self-serving gratification.
Lol, maybe the Doc should've specified "no strenuous sexual activity"? Geez, lawyers will take ANY case they think they can win... Can't stand these people.
@onlyyoucanchange the laws 1.16 ...try "ACCEPTABLE"...somehow, it just fits better!
onlyyou, what is 'UNACCEPTABLE' about it is the fact that he was 'MARRIED,' or does marriage to you mean 'go have extramarital sex with whomever, it's just a piece of paper, no harm no foul?'
Must have been a jury of 12 total idiots. And they probably wonder why their mediacal insurance premiums are so high, unless they have the free kind.
Tony, docs will still be employed by private hospitals. Health insurance has nothing to do w a doc's malpractice.
"TOTALLY UNEXCEPTABLE" means nobody allowed in the room except for the three invitees.
No exceptions.
I guess the Doctor should be blamed for his hardened...arteries as well. Or wait maybe the wife is to blame. Maybe if she had cooked healthier meals he wouldn't have had the heart condition. You could try to shift the blame to any one and when there's money involved lawyers will listen but really it's his own damn fault. His lifestyle choices lead to his demise.
The needed a babysitter, not a doctor. Any wonder healthcare gets unaffordable by the day?
Talk about killing 2 birds with one stone - got rid of a goofy husband and made millions from it.
Wow. That's more lucrative then getting killed on the job.
He had himself a three way, it wasn't very smart - the cheating bugger soon found out he had a lousy heart
He came & went, and there he was a lying on the floor, I think that we can all agree that Karma works for sure
His wife found out the awful truth & looked to place a blame, got herself a dirtbag lawyer, isn't that a shame?
Blame the doctor! That's the key! the dirtbag lawyer said - (wish I had a baseball bat to put upside his head)
The jury heard the tragic tale and being just as dumb - as the woman and her lawyer, they said "you deserve a sum"
Three million bucks will set things right, her check was in the mail - Once again we see just why this country's gone to hell
WOW onlyyoucanchangethelaws the next time you put something in bold print and all upper case letter you might want to check your spelling first. Proper spelling - unacceptable, improper spelling "UNEXCEPTABLE"
I have to agree w/ the rest of you; what a ridiculous claim. This is one of the reasons why health care is out of control. And this sense of entitlement that people have combined w/ a lack of taking responsibility for ones own actions is destroying our country.
The way he died had nothing to do with the case, the doctor didn't do the job he was payed to do plain and simple. You can be outraged just like the author intended you to be, but it still doesn't excuse the doctor from not doing his job. If he had and the man still died, she would have got nothing.
This decision makes no sense whatsoever and it appears most of us are in agreement. There is no way this woman should get any money from the insurance company or the doctor. I understand, so many of you hate insurance companies and the high costs of medical care, but the next time your rates go up, think about this case and others just like it. We are the ones who pay.
"Frivolous lawsuits like this are just one of the big reasons for why our health care is expensive in the US."
Bull. You could ban all lawsuits and your health care cost will never go down, they will just make more money.
All those calling this a "frivolous" lawsuit should've really paid more attention to picking up basic reading comprehension back in high school, b/c what they're saying just shows they have no clue what they'd just read.
Who cares how he got the heart attack? He could've gotten it shuffling snow or working out at the gym or rearranging furniture at home. What brought about the heart attack has absolutely nothing to do with the grounds for suing. The suit was about the doctor's negligence after he got to the hospital complaining of a heart condition.
WTF?
Niether the lawyer, the U.S. government, nor the widow are responsible for the outcome of the lawsuit. The jury is. They are the ones that awared the widow the $. The jury is us folks. Populated by you and me, unless of course you spend your time successfuly trying to get out of jury duty.. If you wonder what is going on in jury rooms and why, just read the posts on this vine and others to see the kind of thought proccesses, attitudes and reasoning that are applied to serious situtations. We are the people we warn each other about.
She's just jealous that her hubby went elsewhere for sex, that's why she's going after the doctor.
Tips for women: You just laying there doesn't do much, it can get boring after awhile.
Fantom-1.21
Well my def. of marriage is probably the same as your but...
That does not mean mine and your def. are the same as his,many people have "open" marriages and nowhere in this article or the original one speaks to weather or not the wife was ok with his threesome so we have no way of knowing weather it was ACCeptable or not.
Maybe his wife hadnt felt like sex for a couple of years and he needed it,Maybe she was ok with it,Maybe she wasnt I dont know or care but a lawyer telling me what is ACCeptable in a sexual relationship is UNACCeptable in my book.
As always...
LEGALIZE MARIJUANA!!!
I don't know, if the doctor screwed up in not diagnosing his heart condition then the doctor needs to be penalized. The fact that it happened during a three-way is irrelevant. Imagine your loved one went to the doctor to be tested for cancer and the doctor said they were cancer free. Then your loved one died of cancer because the doctor missed the diagnosis. Shouldn't the doctor be held accountable for not diagnosing it? There are a million frivolous lawsuits out there, but in this case if the doctor screwed up, they should be held accountable. People just consider this frivolous because he was engaged in an extramarital three way.
Try "whether" instead of "weather" since you're working on this spelling thing.
Well down there they like the word "death penalty" (for some types of people)--so he got the same as all those they arrest for regular problems, so everything is good!--I mean the moral punishment prevailing, without a trial even, not bad!---But paying his wife, only because of the doctor has money!
I think a lot of the people commenting are blinded by the sex and infidelity, and missing the point. The doctor didn't diagnose his condition. If you go in complaining about ______, and the doctor misses it, which leads to your death - your family might have a case.
UnF'ing believable, Autocorrect rules
"hardening of the artery" huh? Okeee...
...running after a criminal on a treadmill huh? No wonder they never catch anyone.
At least we know where the upcoming increase in medical costs will come from.
skiing...No, I do not consider this frivulous because he was engaging ina 3way, and I am sure everyone here would prefer that you do not assume that you know what is in their minds. This is a rediculous lawsuit and an insance award. As much as we like to think otherwise, medicine is not perfect, and neither are the people practicing it. Mistakes happena nd things are missed, or tests show false-positives or negatives. This is why fewer people are going into high risk areas of medicine, because they can not afford the insurance to cover themselves against these lawsuits.
In the end...you are responsible for yourself. Things happen. People die. That is called the realw orld. And before you get on your high horse AGAIN and tell me that I would feel differently if it happened to someone I loved...it has. My father died of cancer, and looking back, there were signs that were missed nad treatments that could have been performed. But the last thing ANYONE in my family thought of was profiting off of his death. And sorry, but you stated he needed to be held accountable. His insurance company is paying it, not him. So this woman profitted off of his death, and that is all it is. I have a feeling she isn't going to be contributing TOO much of that PRIZE money to those less fortunate.
dave from philly couldn't have said it any better.
"What a load of crap."
The unfortunate "victims" in this incident are the Widow, the two kids, and US. You and I who end up footing the bill because insurance rates continue to climb and everything else follows right behind.
The medical profession is not an exact science. Who knows what was said between the patient and his doctor? Patients regularly lie to their doctors. Omitting this and that for whatever reason. How much they drink, if they smoke occasionally, or if they have multiple sex partners. The guy was a cop, married with kids. You think the doctor is going to ask him: Now Officer Friendly, are you absolutely certain you have a desk job and aren't pulling a "triple shift" now and again at the hotel across from the airport at 3 am?
The article says he is 40% responsible for his death. What a joke. If my arteries are clogged, it is my fault. What I eat, lifestyle, and heredity. Pretty simple.
josephine @1.36 hit it on the head though I must admit. The Jury was final hurdle.
I have questions:
1. How out of shape was this fat pig? How many donuts had he had that day?
2. How much blow did the trio do before the festivities?
3. Was he on duty (as a cop I mean)? Was his partner (I'm only assuming that the other dude was a cop too)?
4. How much did they pay for the hooker? Or was it a quid-pro-quo deal (we double team you and you don't go to jail)?
Oh, Atlanta's finest.
All questions above are rhetorical and for entertainment purposes only. All answers are already known.
The doctor said he did warn the patient. I have no reason to believe that he wouldn't have done so. How can the wife or her illustrious legal team substantiate that Mr. Martinez wasn't warned? Once again our wonderful jury system strikes again, and our health costs continue to spiral upward.
It's a shame that the defendants in cases don't have the option to waive a jury trial. Plaintiffs and their lawyers would have a cow, because they would know they were actually going to have a chance of the case being decided by someone with at least some degree of intelligence.
Jack, how do you know the doctor missed the diagnosis? The idiots on the jury wouldn't know artery disease from a hole in the wall.
There are worse ways to die...
Here is my question. Why 3 million? He's a cop. He wouldn't have earned a million in his lifetime. Why do we continue to award people far beyond what they would have ever earned in these lawsuits..??
Khalid - Whether he was involved in an elicit sexual affair or not, how can a dead man prove that the doctor did not warn him about his activity or condition?
Stupid jurors strike again.
Did John Edwards go to work for the Law Firm -- Dewey, Cheatem & Howe --- Already ???
The article states most of the facts but as always leaves out some important details.
All true. What they conveniently omitted was the "friend" is a high ranking elected official, and the woman, his wife. Both males enjoyed being dominated by her while she wore an artificial penis (strap on) and reenacted their favorite prison rape scenes.
Go figure?
Well said TXHORSEMAN, well said!
Just make sure you don't die of anything DIAGNOSED while you're at it! lol
And for whoever said insurance premiums have nothing to do with malpractice suits....I have Niagara Falls right here in my backyard, and I'd like to sell it to you!
Doctors' malpractice suits are INSURED for true malpractice, but now, we get to pile on this kind of B.S., our medical care will go up so the doctor can afford his new increased INSURANCE bill, and OUR insurance will go up because the medical costs will go up! Double dipping all because of greedy people like this.
What a bunch of carp!...and I don't mean the fish! :P
Why 3 mil? That's what I would like to know as well. No medical bills because he's dead and his pension wouldn't be anywhere near that. What's left the 'pain and suffering' of loosing a cheating husband who died in the act of cheating? Some of this doesn't add up.
The only way to go in my opinion.
Too bad the doctor and his insurance company somehow gets pulled into this. The doctor tells him he is unhealthy and should avoid strenuous excercise (which means he should not be a cop) an he does not follow his advice. So of COURSE it is the doctors fault when he dies having a three way. The doctor should have predicted that and from now on he will require a million unneccessary tests to make sure he covers his butt for the next idiot that kills himself by being too fat, out of shape and engaging in three way sex...........
Any wonder why the cost of medicine keeps going up?
@Kimposibl: Malpractice and other overhead costs of being a health care provider have EVEREYTHING to do with health insurance premiums. Also, very few physicians are employed by hospitals. Most physicians have independant practices, they may be affiliated with a hospital, but are not employed by a hospital. When overhead costs rise, which includes malpractice insurance, then your patients office visits, procedures that the patient may undergo, cost more, therefore, your insurance premiums are effected. So don't think these frivilous law suits do not effect all of us, whether you're a practicing physician or a patient.
Well, of course he was on duty… He was working under covers. =/
Talk about a windfall. She gets rid of her cheating spouse and $3m to boot! I guess she is the Merry Widow now.
The doctor told him to abstain from havings sex with his wife until after the test... He was only following the doctor's instructions...
eric60watts, actually lawsuits have little to do with the cost of medical insurance being so high. The biggest avoidable factor in insurance being so costly is fraud. After that, prescription drug costs are a huge contributor.
"Mistakes happen and things are missed"? Well, gees, isn't that kind of the point? If someone is careless in how they do this kind of thing, then they need to be held accountable. If having the threat over a doctors head makes sure they do a complete job, then so be it. I would rather they do their job properly than to be careless.
You say in the end you are responsible for yourself and your own death. So if I can in to get my brakes fixed and the mechanic screws something up and I lose my brakes and die, then the mechanic shouldn't be held accountable? Don't be silly. I am all for getting rid of frivolous lawsuits like the woman who burned herself with the McDonalds coffee. But this isn't someone who screwed up and then sued to blame someone else. This is a case where a person went to a doctor, the doctor misdiagnosed something and the person DIED because of it. That is a BIG deal! In order for your father's case to be comparable, did he go to the doctor suspecting he had cancer, get tested for it, then was told he DIDN'T have cancer and therefore couldn't take the steps necessary to try and overcome it?
And yes, it is his insurance company that ends up paying the lawsuit. But if it also prevents other patients from going to this doctor then that is most important. I sure as hell wouldn't want to go to this doctor. So you don't think the doctor needs to be held accountable for screwing up and the patient dying because of his mistake? Really?
And you can say it isn't true, but I am a big believer that if this guy was chasing a criminal at the time he died instead of an extramarital threeway, then the number of comments on this board that are being posted by people who are so offended she got all this money, would be MUCH lower.
LIKE A BOSS
Skiing111, the McDonald's coffee suit was perfectly legitimate. You can google the details for yourself, but it's been known for a long time that that suit was absolutely not frivolous. This one, however, does seem to be.
Jurors aren't stupid. We're only getting part of the story here. I'd like to hear the whole thing before passing judgement.
And, yes, when the whole story of the McDonald's coffee case came out, it was found to be completely legitimate--third degree burns on her legs. No,she was not driving at the time. Yes, McDonald's had been warned multiple times about hot its coffee is in previous lawsuits--but it ignored the warning every time.
Check out the documentary HOT COFFEE about that case and the efforts of private industry to limit what people can sue for. Industry calls everything "frivolous" but take away American's rights for a hearing in court.
Bart and Laura you two have got to be kidding me right?? I mean seriously neither of you actually KNOW that fresh brewed coffee is HOT?? Really ?? Seriously?? Probably sat on this jury didnt you?? sheeesh ! smh
Maybe the woman he was having sex with should be charged with murder for killing him with an unknown heart condition?!? Or the wife for driving her husband to having sex with in a 3-way in a manner that contributed to his death?!?
Blaming the doctor, though, is a joke. Good riddance to bad rubbish.
In the same way that the doctor can be at fault for making the dumbass have a heart attack in a 3-way while cheating on his wife.
You people do not even know the circumstances around the case but you assume the Dr did everything they could to accurately diagnose the condition. The reality however is that all MDs are not created equally. Some are great at their jobs and extremely bright while others are mediocre or just plain terrible at it. They drink, smoke, do drugs, etc.... that other people on the face of this planet do. Whatever the case, the JURY heard all the evidence and the case against him and found him negligent. If the case was full of frivolity, I am sure they would have thrown it out. The MD did not do a good job at diagnosis and in medical cases, they bring in other MD's to review the chart notes and give their assessment of the victims condition. So, in essence, he was not judged by a jury, but rather, by his own peers who found his job skill lacking. So STFU about profession you know absolutely nothing about.
Yes, but blaming the doctor for having a coronary while you cheat on your wife is your OWN damned fault - and not the doctor's. I guarantee you that the guy would have still been banging away at some other woman whether or not the Dr. told him not to.
I mean: "Hey, Doc - is it safe for me to cheat on my wife by banging another woman in a 3-way?" the answer is ALWAYS NO.
Really? Too often, juries will feel sympathy for the survivors and figure "the insurance companies have lot of money." People, diagnosed or not, die from heart attacks every day. What's next, suing a doctor because he didn't badger a patient to come in for his annual physical?
So basically what you are saying, starfox, is that some doctors graduate at the top of their class while others are at the bottom of it. Same as in everything else in life, except that people's lives are at risk with an incompetent doctor (moreso than with an incompetent plumber or lawyer).
I would hope that the Atlanta police department runs regular physicals on their officers, or was this doctor on their payroll? A friend who is a fireman has to undergo an annual physical and was strongly urged to go to a cardiologist recently because the exam showed a change in their heart.
The doctor also failed to warn this pig that there are women out there who can pull off a pair of balls bare-handed.
Now, I'm thinking this Dr. was seen by the dead fornicating husband for a possible heart condition , symptoms, high blood pressure, chest pains etc. Now if in fact the Dr did not do appropriate testing to disclose advanced hardening of the arteriess whose fault is that? The poor wife who probably nagged him into seeing the Dr in the first place? No that would be the Dr's fault. Further if this moraly bankrupt POS chose not to follow Dr's orders in the past that has nothing to do with the Dr not diagnosing the problem. DUH. Dr's insurance and Atty. just want to keep this in litigation as long as possible.
Mo, the cop had an appointment the day after his death for tests. It's obvious by his infidelity, that his 'estranged' wife didn't know about the seriousness of his situations, heart or extramarital affair.
The Doctor is not at fault, because he was only what he's been trained to do! "Practice" Medicine. It's not called "Practice" for nothing.
cheetah-
I think perhaps you should look for women other than the previous places you have tried. Sounds like they are a little on the rough side. Unless you like having yours pulled off bare handed.
LOL Barry, the way things are going, that's probably what we'll see.
Not saying this guy's doctor wouldn't have done the same had he known of the guy's disease after running tests, but when they found my arrhythmia, the nurse called me to come in the next morning. I said, "Sorry, I have a job to go to in the morning, can we make it another time?"
The nurse said "Nope. He needs to see you in the morning!"
They don't all neglect their patient's needs. The patient has an obligation, too...just like I did, even though I almost disregarded the warning.
I have only one thing to say to this stupidity of the courts. HA HA HA HA HA HA HA HA HA A HA HA HA HA HA HA HA LOL LOL LOL LOL LOL LOL LOL LOL LOL LOL. Oh, I think it's the big one. I laughed to hard. Maybe I can sue the news???
I completely agree crystal however its his widow that is laughing all the way to the bank
A weird load of crap...
I assume you never were engaged in a threesome?
God's FRavorite1 - if you have been, then you aren't God's favorite. Cause he says "cleave only unto your wife". And he smote the Israelites several times for adultry.
God's Favorite1, I think Buffy was commenting on the settlement,the events of the case. I mean who ain't down with a threeway? However It's usually OK for singles, not guys screwing around on their wives and getting paid for it. I wonder what would have happened if he went into cardiac arrest smoking crack in the squad car? Would the Dr. be liable for not reminding him not to smoke crack,or would it be the crack pipe's manufacturer for not printing a "warning about the risks of poofing with heart trouble"? Why was it anymore strenuous for the cop in a threeway,than it would be banging his wife? Unless the freak was in the middle,LOL!
guessing some type of ed drug was involved.
actually, viagra was first patented as a blood pressure medication.
As if any man would listen to a doctor who advised no strenuous activity, and avoid having "thee-way sex." (Really, does no one proof read anymore?)
Too bad for the kids, but any wife who can collect money AND be rid of a cheating pig -- you go, girl!!!
Suing the doctor because her husband was a cheating pig isn't exactly exemplary behaviour. But your cheering is indicative of the attitude most in our country share and it isn't very noble.
Martinez’s widow claimed Gangasani did not properly diagnose Martinez’s high blood pressure, chest pains, shortness of breath and irregular heartbeat, and that he did not order Martinez to avoid strenuous physical activity until more tests could be done.
Can't help but wonder whether the MD was at fault simply because he didn't say "No three-way sex." Wow.
Really, it should be obvious when someone says "No strenuous activity" the first thing that should come to my mind is no three-way sex in a motel room
I'm interested to find out how old he was???
Zeke - how did the jury know what the doctor did or did not order? Psychic hotline?
Yoda,
There's a little thing called a patient record which contains the doctor's notes. Anything he thought important, he's supposed to write down. The jury gets to see the records.
And this is one of the biggest reasons why our country is going down the tubes.......
really, airdog? i had no idea this was happening on every block in america. first time i've heard of such an award.
What tubes? Where are they? Why is there more than one?
Nice George Carlin reference there, cheetah :)
Bigpicture - anyone with an ounce of common sense knows that Airdog is referring to all frivolous lawsuits in which people win big payments for being stupid, such as the woman in California who won a big payment from McDonald's because she was stupid enough to put a hot cup of coffee between her knees.
@Bigpicture, pull your head out of your azz, then.....
You obviously don't meet the criteria of scales67 reply.
It's too bad they couldn't save him so she could beat his crotch til he died. Sick of reading about POS men.
Then maybe u should read stories about POS WOMEN... there are JUST as many!!
Not saying I approve of his behaviour being married with children and all, but it does go both ways. Sometimes the women are POS. Besides, she could have been part of the problem, we don't know.
sorry Davebny I didn't see your post as I was posting.
Great minds.....:)
Personally I'm just tired of hearing about POS people in general. Male, female, politician.
And this, my friends, is why the healthcare costs and system are messed up. Take away the frivolous lawsuits and doctors would not only be much cheaper, but they would actually be willing to diagnose you for minor issues without 15 unnecessary tests. Perhaps even Tylenol would give a recommended dosage for infants on their bottles.
Nope, it has almost nothing to do with it at all. Malpractice defense and punitive costs are less than 1/2 of 1 percent of total medical spending. Take away the frivolous lawsuits (like this one) and nothing at all will happen, sadly.
Arcturus,
How in the heck can you claim to know what would happen if malpractice suits were taken away?
Arcturus, I very rarely respond to comments, but I couldn't help it -- it just still amazes me how people like yourself take the time to log into the MSNBC comments section, take the time to write a well-written sentence or two, take the time to express your thoughts, and quite literally have no clue what you are talking about.
Arcturus
I've talked to several doctors that I've either been a patient or friend of in the past. Every single one of them said 50 cents for every dollar they charge goes directly towards their malpractice insurance. Every single one of them also said they would diagnose obvious problems without sending patients out for multiple tests they know to be unnecessary. The reason they don't is directly related to those wanting a quick buck off malpractice suits.
Think of all the money we could all save if we didn't need to see 3 doctors and have tests done to tell us we have high blood pressure. Fear of the dishonest, quick buck for nothing people in our society have ruined the system.
Arcturus - How about citing a reference or two from which you took your statement? Steve is right. It's the cost of malpractice insurance that is increasing medical expenses and also causing some professionals to stop practicing. For example, why do you think so many obstetricians have stopped delivering babies?
Actually they did a pretty big study on what was rising health costs in 2009 when they were working on heathcare reform and the consensous was that Malpractice did amount to about 1% of the overall cost of healthcare. 1% doesn't sound like much, but when you start looking at the size of our economy and country, it comes out to a pretty good sized chunk of cash.
"How in the heck can you claim to know what would happen if malpractice suits were taken away?"
The same way you and others can claim to know what would happen if malpractice suits were taken away.
"Arcturus - How about citing a reference or two from which you took your statement? Steve is right. It's the cost of malpractice insurance that is increasing medical expenses and also causing some professionals to stop practicing. For example, why do you think so many obstetricians have stopped delivering babies?"
Perhaps you could also site a reference or two??
Malpractice insurance is why the OBGYN Doc's are getting out of the practice. This guy was stupid and died. How is that the Doc's fault and if his wife was estranged from him - why should she get a dime? Greedy p -
Physicians are forced to practice "defensive medicine", to avoid frivilous law suits such as the one in this article. Patients continually remark that they would like to "sue my Doctor" for any reason they think warrants a lawsuit and a big pay day. Even if they receive proper care and advice, probably just like the police officer in the article did. How could he misconstrue three way sex as not being strenuous activity? Frivilous law suits drive the practice of "the million dollar workup", hospital admissions, consults with other physicians in other specialties to name a few. The majority of health care providers would gladly stop ordering unecessary tests if they didn't have the threat of a lawsuit in their mind. Do no harm goes hand in hand with CYA.
The Physcian's records on this man who died should indicate what was advised and what was given. If a Dr. can be held for this then they should all give up and change their profession.
Unfortunately in health care there is a silly little expression that probably sums up why this woman won this case. It goes, if you didn't chart it, you didn't do it. Attorneys have capitalized on this for years!!! Big business that has bought up all of the hospitals and doctor practices and cut staff to the bone in order to maximize their profit margins are largely responsible for the fiasco that our healthcare system has become!!
The cost of healthcare just went up.
I bet several lawyers just a few yachts to their collection. Coincidence?
Had to be one hell of a night....3am at an Atlanta Airport hotel boning some chick with a buddy? Something tells me this night started out as him "meeting up up with Carl for one beer...back in a bit."
Good thing the donkey wasn't due to show up until 4am.
Somewhere in this whole mess the city of Atlanta has to find away in on that 3 million dollar pie. Man has sex and money is exchanged. Somewhere in the city bylaws that has to be looked at as some form of prostitution. The city should be entitled to some of that money!! If someone who has a heart condition can spend time f***ng 2 people, then get paid for it! The city has a moral right to ASSes a fine to the criminals of this act!
40%? I think their math is flawed. I think he was only 33% at fault. If chasing a criminal or running on a tread mill could have killed him he obviously was not guilty of doing either.
This is what happens when people w/ common sense lie to get off jury duty.
He would not have fallen off if these swingers had reserved a king size bed.
I don't condone what the man did at all, but the fact is that she get's cheated on and then blames the doctor? Sounds like she just wanted a pay day.
I don't see why this has to be broadcast. The man was simply involved in a strenuous activity and he had not been advised by his doctor to avoid such. Why discuss exactly what he was doing when he suffered cardiac arrest?
THAT is what is wrong with the country. The total lack of privacy nowadays, and the media obsession with and sensationalization of sex.
It called getting the facts Jack.
Bad take, yank.
What he was doing at the time of the incident is most certainly pertinent to the story. It helps show the blatant disregard he had for the implications of his actions/decisions. If he possessed the ability to cheat on his wife (revealing poor discretion in doing so), then he certainly possessed the ability to ignore doctor's orders (also poor discretion). It just further helps define what type of guy this was.
Absolutely! How else would we laugh, bitch and moan about it?
Homesick yank - how do you know what the doctor told him to do or not to do? Psychic hotline?
It's being discussed and broadcast because of the ridiculous nature of the lawsuit, not to sensationalize a three way sexcapade in which the police officer died as a direct or indirect result. As consumers of health care, we are all paying for the deceased poor choices. The malpractice premiums of the cardiologist in this case will undoubtedly skyrocket now that this verdict has been rendered, whether the cardiology group he practices out of has an umbrella policy that covers all of the physicians or he has an individual policy. Multiply that by all of the other frivilous lawsuits in this country and it does amount to a large chunk of change, which in turn effects the rising cost of health care and health insurance premiums. The article points out the ridiculous nature of some of these lawsuits. These lawsuits have a ripple effect.
The widow is hurt and needing to blame someone. Since she can't take her wrath out on her philandering husband she had to find someone else. Do I think the doctor was negligent? Yes. To the tune of 3million? No. This is one of the reasons health care costs are sky high. Juries need to reign it in when awarding settlements.
How do you know that the doctor was negligent if you were not sitting in the courtroom and listening to the evidence? The article clearly states that the patient had a history of not following his doctor's orders, which implies that his doctor had told him there was a problem and he chose to ignore that advice.
Read up on the case and the evidence entered and testimony given, his medical record for example.
Um, scales, the jury consists of people who were there , did listen to the evidence and decided the doctor was 60% responsible.
You cajole another for having an opinion because they were not there to hear the evidence.
Then you profess an opinion on the verdict even though you were not there to listen to the evidence either.
It's difficult for me to refrain from calling you the multisyllabic h-word.
@Real Army Wife: Unless you are a practicing physician, you probably shouldn't comment on how negligent the doctor was.
If that were true, then only licensed MDs could decide negligence.
They should fine the widows attorney for filing the lawsuit in the first place. Our society is pretty messed up when you can blame a Dr. for a persons wrong doing.
And welcome to our society. This is a great example of how our country is today. If someone asks you "what is the best country in the world?".....think REAL carefully about your answer. Not only are we becoming a joke to our own country, but to the rest of the world as well.
So? How much do you think this just raised our health insurance cost?
I don't know but I wish the Doctors wife would sue every member of the jury for incompetence, in seperate trials.
Yeah her husbands career just got killed in a 12-way screw job.... where's her 3 mil?
Wow, just another example of why health-care costs are skyrocketing. So the hospital is responsible for missing a condition that bad habits and lifestyle choices likely led him to developing? What happened to personal accountability?
No kidding. Now we all know to include instructions in our wills on whom to sue when we die. Our funerary costs can be carried by the doctors who've overcharged us for their services all these years.
If my wife has a three-way, I hope she dies. Then my life will be perfect.
It'll be better if you collect the $3 million along the way.....
Me and my buddy would love to have a three way with your wife John. She isn't fat is she?
john - with an attitude like yours, there is no way that your wife could be blamed if she chose to have a three-way.
Sounds like he came and went at the same time...
My husband is being unfaithful....somebody give me $3 million so I can feel better. Works for me (and...helps keep medical costs down). There must be an 'I'm too stupid to do anything useful so I'm a professional member of juries' group in Atlanta.
His sons will be very proud of their dad....happy fathers day !!!!!!
"The type of sex he engaged is totally unacceptable in our community". That's where the defense lawyer lost them.
One of the top five reasons the health care system is so jacked up-- we allow and reward people for suing doctors for this kind of BS!!!! Please don't misunderstand me, bad, uneducated providers have no place in health care practice. But because anyone is allowed to sue a provider whenever their health goes awry, health care providers are forced to carry ridiculous amounts of malpractice insurance which drives up their costs. We're forced to order every test in the book to cover our asses in case we're ever sued, and this drives up YOUR insurance costs!! And when you give a patient/ parent instructions and they don't follow them, their family is utterly SHOCKED when something goes wrong. We're health care providers, folks, not your mamas, not your babysitters. We can't MAKE you do what you're supposed to do. Take some responsibility for your OWN health!!
Until we start with tort reform, our health care system is beyond doomed.
KK: You are 100% correct. A health care provider does not have a crystal ball or a magic wand to cure all of their patients ills. As a patient, you are part of your health care team. That includes personal responsibility. When your health care provider recommends something, it's not because he/she is just pulling that advice out of thin air, or to make you take one more pill a day, or make your life difficult, it's actually based on years of education and years of practicing medicine. It's true that defensive medicine is practiced because of the fear of frivilous lawsuits. It drives up the cost of healthcare.
The majority of people commenting on here need to grow up. It would be nice to be able to join in on an intelligent conversation about a very real problem in our healthcare environment. There are several sources of blame in this case. The only innocent ones being the children that will grow up without a father. Having reviewed cases for malpractice in the past let me tell you that the most disgusting thing about attorneys is that it doesn't matter whether there was true malpractice committed or not it all hinges on how much money they can get out of it. I have seen true cases of malpractice but because it was a small child the attorney didn't feel that the monetary reward would be worth his time. I have also seen horrendous cases of malpractice that went unpunished when the doctor should have LOST his license to practice. YES our healthcare system is broken but more because of Insurance company GREED than anything else. I have watched for many years as the costs of medicine rose due largely in part to BIG BUSINESS discovering that there was money to be made in healthcare. When I started working most hospitals were non profit or run by the town they were in or by a group of physicians. Now they are owned by large corporations that trade on the stock exchange. AM I THE ONLY ONE disgusted by the fact that people in the stock market can profit from other peoples illnesses???? Wake up people this case is but a drop in the bucket to what is wrong with our healthcare today. If you would like an example ask yourself why when I take my husband to the doctor locally it costs me 18 dollars just for them to draw his blood and yet the same procedure when I take him to the MAYO clinic costs only 3 dollars??? HHHMMM Seems something is fishy somewhere!!!
It's actually shocking that the widow was awarded that much money and for something that had nothing to do with her directly. I don't believe all jurors/juries are all that smart, so I disagree with one of the above posts. It is interesting that the man who died was doing something that exposed his behavior to the whole world. Perhaps he should have spent more time on his health instead of his nerve endings. To me it shows how unjust the legal system is a lot of the time. I mean, really? Go after the cardiologist? Such baloney. That's scapegoating to the nth degree.