Mr Segedy appealed the comparative negligence verdict and the new trial order.
Mrs Segedy suffered from lung and heart problems with likely causative agents emanating from rheumatic fever. She visited Dr I. Ibrahim who diagnosed her with mitral stenosis on June 2001 and on 21st September 2001 her cardiologist performed catheterization of the heart to evaluate the problem further. She was placed for heart surgery on 24th September 2001 by DR Netzley after he was consulted by her cardiologist. Mrs Segedy excused herself to visit her children before the surgery though she had been advised to remain in the hospital by her cardiologist.
The operation was performed on Monday and after Dr Netzley determined that she was stable, he placed her in the ICU. However this did not work out as the heart malfunctioned rendering Dr Netzley to refer Mrs Segedy back to the operation room. She was placed under life support machine until 28th September 2001. The surgeon and the nurses did every little thing that would have been done by any responsible neurosurgeon to ensure the life of Mrs Segedy was not a risk.
Mr Segedy sued Dr Netzley and company, Dr. Ibrahim and corporation and Summit Pulmonary and internal medicine Inc. for medicinal negligence. Mr. Segedy argued that Dr. Ibrahim failed the standard of care by failing to properly complete or reschedule a bronchoscopy, proximately causing Mrs Segedys death through a delay in diagnosis. He accused Dr Netzley of standard of care violation through transferring his wife from the operating room before she regained stability and failing to return her to the operation room immediately for appropriate medicinal care causing his wife’s death. The verdict was in favor of Dr Ibrahim thus he is not party to the appeal.
The jury returned a verdict against Dr Netzley of amounts of $1,755,300 but was not supported by all the judges in the panel. After several consultations, the jury gave