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California Malpractice Case

A jury has awarded $8.5 million to the widow of a Modesto, Calif., man who died on the day a surgeon was going to discharge him from the hospital.

Because of medical malpractice limits, 38-year-old widow will receive only $1.6 million of that amount.
Widow’s husband, 49-year-old man, broke six ribs in a motorcycle accident in 2002.
Widow’s attorney argued last week in Superior Court that doctor should have more closely monitored the patient. X-rays showed he had one gallon of liquid backed up in his stomach four hours before he died, and he had previously been resuscitated.
Man died in Medical Center after choking on his own vomit. The hospital settled earlier for $175,000.