LOS ANGELES PERSONAL INJURY LAWYER WINS WRONGFUL DEATH APPEAL
Dec. 20, 2006
The family of a woman, who was hit by a car in a crosswalk and who died after her condition was misdiagnosed, will have the opportunity to ask a jury to award compensation for their loss, thanks to a successful appeal by personal injury lawyer, Todd J. Bloomfield.
The accident and subsequent malpractice occurred in 2001. The case against the driver was settled and in 2003 a jury found that the medical clinic was negligent. However, the jury made an error when it ruled that the negligence was not a substantial factor in causing the woman’s death. The experts on both sides agreed that the woman would have lived if the medical clinic had accurately diagnosed and treated her symptoms. The trial court ordered a new trial and the attorneys for the clinic appealed.
The Court of Appeal unanimously agreed that the family was entitled to a partial new trial in light of the jury’s error. Another jury will be asked to value the loss to the woman’s husband and daughters. The family and Mr. Bloomfield are awaiting a new trial date. The medical clinic refuses to take responsibility for the death and has offered nothing to try to settle the case, despite the jury’s finding of negligence.