Las Cruces, NM-The estate of Playboy model Katie May filed a medical malpractice claim this week, alleging that the “aggressive treatment” she received from a chiropractor lead to her death in 2016. The lawsuit follows failed settlement negotiations.
May Estate’s Allegations
The lawsuit was initiated by Alex Maimon on behalf of his and May’s only daughter, who is eight, according to People. The wrongful death claim, which also claims medical malpractice, alleges that Dr. Eric Swartz’s of the Back to Total Health Clinic in Los Angeles is to blame for May’s death which was caused by a stroke she suffered because of a tear in a vertebral artery.
People, which obtained a copy of the lawsuit, reports that May died in February of 2016 after she was treated by Dr. Swartz. According to the suit, a coroner’s report from last October found that Swartz manipulated May’s neck in a way it caused a tear in her left vertebral artery, blocking the flow of blood to her brain. Because of the blockage, May suffered a stroke and died shortly after being taken to the emergency room.
Also, the lawsuit alleges Dr. Swartz was medically negligent because he failed to recognize May need X-rays before he began working on her neck. According to the lawsuit, “A reasonable chiropractor in Dr. Swartz’s position would not have adjusted May because of the risks involved and would have referred May to the emergency room.”
May’s estate said they tried to settle out of court and wasn’t seeking an excessive settlement, they just wanted enough to set up a college fund for her daughter. They took their case to the civil court because they could not reach an agreement on the settlement terms.
Challenges of Medical Malpractice Claims
Medical malpractice claims are difficult cases and victims
Typical challenges of medical negligence claims include:
Assessing the total costs of a victim’s injuries
Finding the right medical experts to affirm your injuries
Proving medical negligence
Meeting filing deadlines including the state’s two-year statute of limitations
Hire a Medical Malpractice Attorney in New Mexico
You may not be sure if you need a medical malpractice attorney and depending on your injuries, you may not, but why take the risk? USAttorneys.com recommends you contact a medical malpractice lawyer in New Mexico to help you decide whether you should hire legal counsel or settle. We can help you find an attorney near you in Las Cruces or another area in New York.
A surgical mistake, medication error and, as this case shows, even a chiropractic adjustment can lead to devastating injury. Our medical malpractice lawyers are compassionate and tenacious and have the skills to overcome the many hurdles you will encounter when you seek damages for medical negligence. When you are able, speak with a lawyer.