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ARTICLE ID 195920

$________ – Medical Malpractice – Anesthesiology – ERCP procedure results in death of 60-year-old father survived by a minor child.

Orange County, CA

In this matter for medical malpractice, the 15-year-old plaintiff alleged that his father, the decedent, needlessly expired from negligent treatment at the hands of the defendant anesthesiologist. The defense denied all negligence. On July 9, ________, the 60-year-old decedent was admitted to the hospital with obstructive jaundice. He underwent an endoscopic retrograde cholangiopancreatography procedure; however, complications arose with the administration of anesthesia which resulted in death. An autopsy report confirmed that the cause of death was asphyxia.

The plaintiff sued the defendant anesthesiologist for negligence. The plaintiff’s prayer for relief referred to his father’s $________ annual salary. In addition, the plaintiff argued that, had his father been alive, he would have continued to pay for a private catholic school education, a private college education, and possibly graduate school. The defense denied all negligence, and challenged the damages alleged. Instead, the defendant anesthesiologist argued that he had acted within accepted standards of care. In addition, the defense contended that the plaintiff would not have benefited from continued private education due to a Chapter 13 bankruptcy that was filed several months prior to the decedent’s death. On May 14, ________, this matter resolved at mediation with a $________ recovery for the plaintiff.

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