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What's New > $2.3 Million in Medical Malpractice Case: Wrongful Death of 38-year-Old Husband and Father

Alan Fuchsberg recently settled the wrongful death case of a married father of three, who died when his hospital did not follow its own rules for responding to his elevated heart rate following abdominal surgery. The patient had his tumor successfully removed at a prestigious hospital; yet two days later he died of a heart attack.

The hospital responded improperly when he became unstable, developing an elevated heart rate and respiratory distress. His condition was not assessed in time, and he was improperly monitored. The doctors and staff failed to alert a cardiologist and or to detect that he was likely suffering from pre-existing coronary artery disease that was taxed by the stress of his recent surgery.

The hospital claimed that the heart attack was an unavoidable risk of serious surgery and other contributing factors. Mr. Fuchsberg countered: “Proper protocol in this case would require transferring him to a hospital specializing in heart disease. That didn’t happen. As a result, he lost a significant chance of survival.” Because of the hospital’s mistake, the patient died approximately six hours following the onset of his acute distress.

Mr. Fuchsberg, representing the surviving family, obtained a $2.3 million settlement prior to trial.

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