Springsteen sax player malpractice suit set for trial over fatal stroke

April 06, 2013

New Jersey is rightly proud of Bruce Springsteen's legendary E Street Band. Fans remember fondly "Big Man" Clarence Clemons, the iconic saxophonist whose soulful tracks were an integral part of the band's success. Unfortunately, Clemons died in 2011 from a stroke he suffered after carpel tunnel surgery.

Until his surgery, the 69-year-old Clemons had continued to perform publicly despite health problems and had recently appeared on American Idol.

In February 2013, a Florida state trial court in Palm Beach allowed the medical malpractice and wrongful death lawsuit brought by Clemons' family to be scheduled for a jury trial.

The Florida complaint

Clemons underwent carpel tunnel surgery to relieve symptoms of numbness and pain in his left hand. According to the complaint, the hand surgeon, who recommended that Clemens stop taking the blood thinner Coumadin (warfarin) for three days before the operation, asked Clemens' three doctors to provide medical clearance for the surgery. The three doctors allegedly performed medical tests and one of them recommended to Clemens and his hand surgeon that Clemons stop Coumadin three days prior to surgery and start again in the evening on the day of surgery.

About five days after the surgery, Clemens' wife found her husband on the floor by the bed in confusion and having difficulty speaking. He had had a stroke caused by a blood clot. Despite several medical procedures, doctors were unable to save his life. He died about a week later.

The Florida complaint accuses the three doctors who prescreened Clemons for surgery of negligence and departure from the "prevailing professional standard of care" in their prescreening, including allegedly inappropriate orders concerning blood-thinning medication. Specifically, the pleading alleges that they failed to order a "short acting anticoagulant" like Lovenox before and after the surgical procedure.

The lawsuit asks for all damages available under Florida medical malpractice and wrongful death laws, including medical costs, financial losses of Clemens' estate and the pain and suffering of his surviving family members.

One of the doctors alleges that he is immune under Florida law from liability for Clemons' death because that physician was acting as Clemons' health care surrogate and that he made final treatment decisions based on Clemons' wishes.

New Jersey residents and others who admired or knew Clemens await the outcome of the Florida medical malpractice case with interest and sadness.

Speak to a medical malpractice lawyer

In the meantime, anyone in New Jersey or New York who is the victim of medical negligence, or who believes a loved one died because of medical malpractice, should consult an experienced medical malpractice attorney for advice about potential legal remedies.

Article provided by Kirsch Gartenberg Howard LLC
Visit us at www.kghlaw.com