Toraish v. LeeAnnotate this Case
Mariam Toraish, as the administrator of her deceased five-year-old son Adam’s estate, instituted a medical malpractice action against James J. Lee, M.D. and his practice. Lee had performed a tonsillectomy and adenoidectomy surgery upon Adam, who died that same day from cardiac arrhythmia. Toraish’s complaint alleged that Adam was at a high risk for postoperative respiratory compromise and that Dr. Lee violated the applicable standard of care by failing to order that he be monitored overnight following surgery. During trial, the trial court allowed the expert testimony of Simeon Boyd, M.D., a board-certified pediatric geneticist, who opined that Adam highly likely died of “cardiac arrest due to Brugada syndrome.” The jury returned a verdict in favor of Dr. Lee and his practice. The Supreme Court reversed, holding that Dr. Boyd’s testimony should not have been admitted because it was based upon an assumption that had no basis in fact. Remanded for a new trial.