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Posted on August 2, 2019 at 4:00 AM

In October 2014, Michael Cleveland suffered a heart attack and collapsed. He was taken by ambulance to the DeGraff Memorial Hospital where he was declared dead. But a couple hours later, he was found alive. Cleveland was then transferred to Buffalo General Medical Center where he died the next morning.

The family is litigating a medical malpractice lawsuit against the treating clinicians and hospital. But one part of the case is on appeal. Can the family assert a claim for intentional infliction of emotional distress? Was it “outrageous conduct that transcends the bounds of human decency” for the treating clinicians to refuse to reassess the patient despite the family’s reports that he was breathing and moving his arm? (HT: Buffalo News)

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