Medical Malpractice and Personal Injury Law Blog

Claim of Medical Malpractice Filed in Wrongful Death of Broward County Florida Man

Posted by Briggs Bedigian | May 10, 2017 | 0 Comments

Plaintiff Chitra Balgobin has filed a wrongful death action in the 17th Judicial District stemming from the medical malpractice of a Florida doctor. The defendant is Cesar Alegre M.D., who delivered health services for Krytnarine Balgobin, the husband of the plaintiff. The suit filed on March 30, 2017, by a Boca Raton firm states that Krytnarine Balgobin died on August 12, 2014, as a clear and proximate result of negligent medical practice. The deceased's estate is seeking compensation for damages as well as burial and healthcare costs. The grieving widow has experienced anguish and mental pain, loss of consortium, and a loss of support.

A diagnosis confirmed that Mr. Balgobin had an Abdominal Aortic Aneurism (AAA) which was continually being observed by his doctor for several years as part of his plan of care. In 2013, the AAA was determined to have expanded from roughly 3.5cm to 5.5cm (by 36%) over a one-year period. This development was an indication that the potential existed for a rupture. A radiologist was called to conduct a consult of the area of vessels, comparing the pre and post expansion of the region. Mr. Balgobin continued under the treatment of Dr. Alegre, who apparently did not swiftly or appropriately recommend a surgical procedure for removing the AAA. Dr. Alegre requested and received continued radiology reports to monitor the AAA, and his notes indicated further increased growth in size. In June of 2014, the doctor reported that Mr. Balgobin was cleared for the surgical procedure; however, he did not follow through with any action. About one month later, Dr. Alegre stated that another surgeon would perform the procedure. In August of 2014, the AAA did rupture, leading to a hemorrhage jolt causing his death.

Cesar A. Alegre M. D. represented himself as a provider of surgical and medical services with certification in the practice of vascular surgery. The defendant had a duty to perform according to standards deemed reasonable in medical practice. The defendant exhibited negligence in the following ways:

  • A failure to recognize (in a timely manner) the presence of the AAA and the severity
  • A failure in executing the needed surgical procedure in a timely manner
  • Did not act in a reasonable way based on the circumstances

The suit states that the plaintiff has filed within the statute of limitations. The timeline is as follows:

  • March 2014: The malpractice occurs
  • August 2014: Patient dies
  • December 2015: A petition for a 90-day extension of statute of limitations is filed
  • November 2016: Service with Notice of Intention to File (within time that patient knew, or should have known there was malpractice)
  • February 2017: Defendant denies claim and suit is confirmed

About the Author

Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm's litigation practice.  Briggs' legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 

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