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A Delayed Heart Test and a Death in Three-Way Encounter Result in $3M Med-Mal Award

Posted May 31, 2012 7:25 AM CDT
By Debra Cassens Weiss

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A Georgia jury is holding a physician and his medical group accountable for the death of a 31-year-old man who suffered heart failure while engaging in a threesome with his friend and a woman who wasn’t his wife.

Jurors in Gwinnett County on Tuesday awarded $3 million to the estate of Lawrenceville man William Martinez, the Atlanta Journal-Constitution reports. A week before his death, Martinez had consulted a cardiologist about chest pains radiating into his arm; he died a day before his scheduled stress test.

Lawyers representing Martinez’s estate had claimed the physician failed to take a proper medical history and failed to warn Martinez to stop all physical activity before the test.

Jurors awarded the estate $5 million, but the amount was reduced to $3 million because Martinez was found 40 percent liable, the story says.

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