“We were forced to try a case against the most innocent guy of all.” — medical malpractice lawyer Daniel Buttafuoco last month, explaining why a Queens, N.Y. jury ruled against his suit blaming a surgeon for a transplant patient’s death. [NYDN via Tuteur (“Parse those sentences and you will come face to face with what is wrong with the malpractice system in this country.”)]
2 Comments
This is incredible. I am amazed that this case would survive a motion for summary judgement by the defense. How an ER doc could be responsible for a former patient being stung in his own yard defies any traditional concept of foreseeability or breach of duty to warn. The guy knew he was allergic to bees (I am too, by the way) yet there is no evidence he took any precautions like having an adrenalin kit on hand. Then again, given this occurred in a state where the trial bar and their liberal Democratic allies control the selection of judges perhaps I should not be surprised.
Certainly, the lawyer is setting up a legal malpractice claim against the prior lawyer.