Legendary comedienne Joan Rivers passed away on September 4, 2014 after undergoing a routine surgery on her throat. The New York State Department of Health is examining the clinic that administered the surgery to determine if medical malpractice was a factor in Rivers' death.

Elective Throat Surgery Gone Wrong

Rivers underwent an elective, routine procedure on her throat at Yorkville Endoscopy when she unexpectedly suffered cardiac and respiratory arrest. An endoscopy is an umbrella term referring to an evaluation of the throat or gastrointestinal tract, commonly performed to examine vocal cords.

Rivers was transferred to Mt. Sinai Hospital after she stopped breathing and was put into a medically induced coma. She remained there on life support until she passed away.

The initial autopsy was unable to confirm that medical negligence led to her death, but a deeper investigation will occur in upcoming weeks.

Medical Malpractice in the Case of Joan Rivers

New York state law requires for a doctor performing a medical procedure to have the degree of knowledge expected of those that would perform the procedure. The doctor further must be able to prove that Joan Rivers was fully aware of what the surgery entailed, whether or not there were other options available, and foreseeable risks that may occur.

If an adverse effect occurs in a medical procedure, the state requires heath care practitioners to submit a root cause analysis to examine if the doctor made any crucial mistakes.

Questions that may be asked in a medical malpractice suit for Rivers are:

• Should Rivers had the surgery considering her age and other medical conditions?
• Would the surgery have gone differently if performed at a hospital?
• Did the anesthesiologist use the proper anesthetic for Rivers?
• How did the medical professionals respond to Rivers' medical distress?
• Was the best procedure followed once doctor's realized her distress?
• What kind of medical treatment did they seek for Rivers?
• Did the clinic have the medical devi a medically induced coma. ther options available, and foreseeable risks that mayces necessary in case something went wrong?

A medical malpractice lawsuit in Rivers' case could be extremely costly for medical professionals, especially since the comedienne was still actively working at the time of her death. A wrongful death settlement can account for Rivers' future earning potential and how this affects her children and grandchildren. Since New York does not have a cap on medical malpractice lawsuits, the clinic can face a lawsuit in the multi-millions.