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Family collects $3 million after man dies in threesome

Medical malpractice claims can arise both out of a negligent act as well as a failure to follow a standard duty of care. In a bizarre case, a man's family successfully pursued a medical malpractice claim after a man died in a threesome. The jury found that doctors failed to warn a patient who had complained of chest pain to avoid physical activity before his scheduled medical tests. The patient died after engaging in a three-way tryst.

While many know that engaging in physical activity with a heart condition can be risky, the extent of danger is not always understood. Lawyers for the victim's estate argued that the cardiologist was negligent for failing to warn the patient to avoid strenuous activities, including sex. The man engaged in a threesome with his friend and another woman, who was not his wife. According to reports, the doctors also failed to take a proper medical history when the man showed up for his appointment one week before he died.

The victim was a married father of two from Georgia. While the jurors found the doctor responsible for negligence, the victim was also partly to blame. In medical malpractice cases alleging negligence, jurors can also reduce the award based on the victim's own negligence. In this case, jurors found that the man was 40% responsible for his own death. According to reports, he had a history of high blood pressure and had a risk of clogged arteries. The jury reduce the initial award of $5 million by 40%, to $3 million.

A lawyer for the cardiologist stated that the case would be appealed. The award is set to go to the estate of the victim, however, it is unclear whether the money will go to his widow and his two sons.

Source: Reuters, "Man Dies During Threesome, Family Wins $3M for Medical Malpractice," Andrew Chow, JD, June 1, 2012.

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