Not Ordering a Simple Medical Test Leaves a Family Fatherless

UNIONDALE, N.Y., Nov. 19 /PRNewswire/ -- Duffy & Duffy, the preeminent medical malpractice law firm in Long Island, New York, secured a $3.1 million verdict in Nassau County Supreme Court in the 10th Judicial District against the South Shore Heart Associates, a cardiology group located in Rockville Centre.

On behalf of the estate of John T. Benigno, a 40-year old husband and father of two, trial counsel Edward Bithorn of Duffy & Duffy proved that Dr. Stephen Horowitz failed to order a repeat nuclear stress test, a common cardiology test used to rule out occlusive artery disease. The patient first visited South Shore Heart Associates in January 2002 when he reported cardiac symptoms. His history included cardiac risk factors including elevated cholesterol levels and a family history of heart disease. During this visit, he underwent a nuclear stress test that returned negative.

In December 2003, Mr. Benigno returned to South Shore Heart Associates where he saw Dr. Horowitz and reported similar complaints. Dr. Horowitz, instead of ordering a repeat nuclear stress test chose to rely on the negative stress test from nearly two years prior. Within six months, Mr. Benigno suffered a heart attack and died. An autopsy showed significant occlusions and narrowing of his coronary arteries which supplied blood to the heart muscle. Mr. Bithorn, the attorney for the plaintiff, proved that a repeat stress test was necessary given the time that elapsed.

"At no time did the state or any medical group or society step forward to address or investigate the negligence of this doctor. This family was only offered justice through the court system," said Mike Duffy, managing partner of Duffy & Duffy. "As long as neither doctors nor the state will intervene to protect families, the jury system, a group of our peers, is the most important and only tool to protect and empower patients."

After a three week trial and a full day of jury deliberation, the estate of John T. Benigno received a $3.1 million verdict for the losses sustained by the widow and their two children. The award included an amount for the loss of parental care and guidance of his two young children and losses to his wife.

About Duffy & Duffy

Duffy & Duffy is one of the nation's preeminent law firms specializing in medical malpractice. Founded in 2001 by James R. Duffy and Michael E. Duffy, the firm offers seasoned trial lawyers with decades of experience in handling complex medical malpractice cases, and has a proven track record of recovering millions of dollars on behalf of the victims of medical malpractice. The trial attorneys at Duffy & Duffy have secured numerous multi-million dollar verdicts and negotiated hundreds of multi-million dollar settlements in cases involving medical malpractice and negligence.

SOURCE Duffy & Duffy

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