LBN’s Emily Collins reports that a woman in Buffalo, New York, has filed a very unusual medical malpractice lawsuit. The woman, a widow, has sued for the death of her husband. The defendant is Kaleida Health, a large health care provider in the Buffalo area. The lawsuit alleges that an emergency room physician wrongfully declared that Michael Cleveland was dead and then for nearly three hours refused to recheck Cleveland, who was still alive.
According to records, Cleveland suffered a heart attack on the evening of October 10 and was rushed to DeGraff Memorial Hospital. The ER physician, Dr. Gregory Perry pronounced Cleveland dead at 8:28 p.m. However, Cleveland continued to show signs of life to several witnesses, including family members and the coroner. Dr. Perry said that Cleveland “had life expelling out of his body.”
Later, at 11:10 p.m., Dr. Perry checked again and discovered that Cleveland had a pulse. Cleveland was then taken to Buffalo General Hospital for cardiac surgery. The surgery was not successful, and Cleveland ultimately died. Mrs. Cleveland’s complaint alleges that her husband might still be alive if someone had paid attention to her when she insisted that her husband was not yet dead.
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