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Med Mal Claim: Wife's Murder Connected to Disturbed Husband's Suicide
A doctor found liable for medical malpractice for failing to diagnose and treat a man who killed his wife (whom he suspected of cheating on him) and then committed suicide is seeking a retrial, claiming that the court improperly allowed in extraneous evidence that prejudiced the jury. Specifically, another doctor was allowed to testify that the murder/suicide was a single event, so that damages for the wife's murder were recoverable based on the patient's aggression, which the plaintiffs claim could have been prevented had he received the proper medical diagnosis and referral. The defense also argues that there was no evidence presented to show that the deceased showed signs of suicidal or homicidal ideation. The suit was brought by the deceased man's family.
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