3.1 Million Verdict in Wrongful Death Lawsuit

A New York jury has awarded a $3.1 million to the estate of John T. Benigno, for the medical malpractice that caused his wrongful death.

In January 2002, Benigno went to the South Shore Heart Associates where he was treated by Dr. Stephen Horowitz for cardiac symptoms.  He already had a medical history of high cholesterol and heart disease ran in his family.  The doctor ordered a nuclear stress test, which produced negative results.

Benigno returned to the same facility in December 2003 complaining of the same symptoms and saw Dr. Horowitz again.  Rather than ordering a new nuclear stress test, however, Horowitz instead relied on the negative results of the previous test, which had been conducted nearly two years earlier.

Within six months of this visit, Benigno had a heart attack and died.  He was 40 years old and left behind a wife and two young children.

The medical attorney for Benigno’s estate alleged that had a repeat nuclear test been performed during his second visit to Dr. Horowitz, the occlusive artery disease which killed him would have been detected and Benigno would likely still be alive today.

The jury took just one day to deliberate after three weeks of testimony and ruled in favor of the plaintiffs, awarding $3.1 million to cover the damages suffered by Benigno’s widow and children, as well as loss of parental care and guidance.

If you suspect that a loved one may have died as a result of medical negligence, contact an experienced medical attorney to find out more.

Source:  www.prnewswire.com