The Appellate Division of State Supreme Court has refused to change its mind on the damages a former Amherst woman can seek because a doctor declared her husband dead when he was still alive.
In August, the Appellate Division barred Tammy A. Cleveland from seeking punitive damages from Kaleida Health. The widow's attorney, Charles F. Burkwit, asked the court to reconsider.
The claims at trial will be medical negligence, wrongful death and conscious pain and suffering.
Michael E. Cleveland, 46, died Oct. 11, 2014, in Buffalo General Medical Center.
The previous night in the emergency room at DeGraff Memorial Hospital in North Tonawanda, Dr. Gregory C. Perry pronounced Cleveland dead of a heart attack.
Perry allegedly refused to reconsider for two hours and 40 minutes although the family and a Niagara County coroner testified in depositions that they saw Cleveland moving and breathing.
The lawsuit asserts that faster action could have saved Cleveland's life, but a Buffalo General doctor disagreed in an affidavit.