Family Takes Wrongful Death Action Against Psychiatrist in Death of Loved One
Husband Targets Psychiatrist in Wrongful Death Action
A widower filed a lawsuit seeking to recover from his late wife’s psychiatrist for prescribing a powerful anti-psychotic medication that he claimed, caused his wife’s fatal heart attack. A complicating factor is the fact that the deceased patient, while under the doctor’s care and under the powerful drug regimen, donated nearly a half-million dollars to the doctor’s medical device company, the Contra Costa Times reported.
Beverly Hills Philanthropist Phyllis Harvey Sought Treatment From Dr. Alexander Bystritsky
In 1999, philanthropist Phyllis Harvey sought medical treatment for her psychological problems. Doctors diagnosed Harvey as possibly having either bipolar disorder, schizophrenia or early dementia. Five years later, Dr. Alexander Bystritsky, a psychiatrist at UCLA, began treating Harvey. Tests failed to yield a conclusive diagnosis of Harvey’s condition. The doctor, however, placed Harvey on Seroquel, a strong anti-psychotic drug, according to papers filed in a state Medical Board complaint against Bystritsky. In April 2011, Harvey died as a result of sudden cardiac arrest.
Harvey’s husband sued Bystritsky in a wrongful death action. Lawyers for the husband argued that the sort of heart rhythm issues that ultimately killed Phyllis were known side effects of Seroquel, and that the doctor either knew or should have known of the danger, but proceeded with the drug regimen anyway.
The Harvey case contained an additional twist, however. Attorneys for the husband also asserted that Bystritsky told Mrs. Harvey that he could possibly cure her condition with a medical device he was developing, but that he lacked the financial means to continue work on the new device. (Bystritsky is a member of the management team of Brainsonix, a company that describes itself as ‘developing a proprietary and non-invasive medical device product using “Low Intensity Focused Ultrasound Pulsation’ (LIFUP) technology to therapeutically modulate brain function to treat brain disorders.”)
While under this treatment regimen of multiple and powerful prescription drugs, the doctor persuaded Mrs. Harvey to donate $490,000 to his device development, the lawsuit claimed. the husband alleged that Bystritsky was aware of the couple’ high wealth and philanthropic tendencies, and gradually inserted himself into their lives, sending long emails, making lengthy telephone calls and even making house calls.
Doctor Engaged in ‘discouraged’ Practice
Noted bioethicists pointed out the potential conflict of interest Bystritsky had. “Was he continuing to treat her with these high-powered drugs to keep her as a patient?” James J. Walter, a professor at the Center on Bioethics at Loyola Law School, stated to the Times. “Every bioethicist would say that practice should be discouraged.”
Despite the potentially unseemly element to the case, the husband may still face an uphill battle. “Jurors have a tendency to trust doctors, and If you can’t show the doctor had a motive to do harm, jurors will side with him.” attorney Harland Braun, who has represented doctors in malpractice cases, told the Times.
Who Can Make a Wrongful Death Claim in California?
When medical treatment results in a death, California law specifies which surviving relatives can make a claim. Those claimants must prove that the doctor involved fell below the legal standard of care in treating the patient. This is a negligence standard, but juries often reject cases where there is not very strong evidence of neglect or a severe medical error. For this reason, it is often very difficult to find a medical malpractice lawyer willing to take a case. Experts are necessary to determine whether or not there is a viable case.
Speak with a Wrongful Death Attorney
If your loved one was injured or died unexpectedly while under the care of a doctor, you should consult an attorney right away. Our medical malpractice and wrongful death attorneys can help you evaluate the facts of your situation and determine if a legal remedy exists for you.
Click now to request a free no-obligation consultation with a wrongful death attorney in San Francisco or call 415-541-0300.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
