Failure to Warn Leads to $3 Million Jury Verdict
A 31-year-old father of two children died in 2009 after having sexual relations. Prior to his death, the Georgia man had seen his cardiologist but was not warned to avoid engaging in physical activity, including sexual relations. Additionally, a proper and complete medical history was not taken. A medical test was scheduled for the day prior to his death.
The medical malpractice lawsuit alleged that Martinez should have been warned not to engage in any physically strenuous activity prior to the test.
According to Reuters, “jurors found he was 40% responsible for his own death — perhaps because Martinez had a history of high blood pressure and was at high risk of having clogged arteries. That reduced the jury’s initial $5 million award by 40%, to $3 million.”
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