Medical Malpractice - Appeal Judge Upheld Award
COURT UPHOLDS JUDGMENT AGAINST M.D. IN INTERNAL BLEEDING CASE
A state appeals court on Tuesday upheld a $2.387 million damages award against a doctor whose failure to treat a 14-year-old boy's internal bleeding, caused by a kick to his throat by his drunken mother, led to the boy's death. In an unpublished ruling, Calbi v. Cartaxo, A-0294-09, the Appellate Division said there was sufficient evidence to lead a jury to conclude that Dr. Kenneth Cartaxo committed medical malpractice and that it was the proximate cause of the teenager's death. "The jury ... was capable of finding that Dr. Cartaxo's failure to adhere to the standard of care caused a delay that prevented appropriate specialists from being meaningfully involved in Matthew's case until after the window of opportunity to save him had passed," the appeals judges held, while also rejecting defense arguments that the award was too high.
For further reading: http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202532528987&et=editorial&bu=New%20Jersey%20Law%20Journal&cn=NJLJ%20Daily%20News%20Alert%3A%20November%2016%2C%202011&src=EMC-Email&pt=New%20Jersey%20Law%20Journal%20Daily%20News%20Alert&kw=COURT%20UPHOLDS%20JUDGMENT%20AGAINST%20M.D.%20IN%20INTERNAL%20BLEEDING%20CASE%20&slreturn=1
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