Published on:

Case Law Update: Wrongful Death in Medical Malpractice (2-10-09)

Siwa v. Koch, No. 1-06-3552 (2-10-09), affirmed a decision which stated that the defendant, a radiologist, is entitled to summary judgment dismissing plaintiff’s cause of action for wrongful death after plaintiff’s decedent volunteered to participate in a test of new CT equipment and software at the hospital where he was employed and defendant, after accidentally coming across scan, repeatedly warned plaintiff’s decedent to see a cardiologist immediately, and plaintiff’s decedent suffered a fatal heart attack while playing basketball. Not only did plaintiff fail to show a physician patient relationship, he also failed to prove any proximate cause between the alleged failure to make a proper medical record and plaintiff’s fatal heart attack. This decision will greatly impact both wrongful death suits and medical malpractice lawsuits.