Case Could Present Court With Unique Challenges

In what appears to be a clear case of medical malpractice, the Daily News reported today that detectives are investigating a Queens clinic where a 37-year-old woman was fatally injured while undergoing an abortion.

Alexandra Nuñez began bleeding heavily during the procedure at A1 Medicine, a gynecology clinic in Jackson Heights, on Monday.  One of Nuñez's arteries was inadvertently severed and she went into cardiac arrest.  She was taken to Elmhurst Hospital Center, where she died a short time later.

In a city where incidences of medical malpractice are a common occurrence, this situation  could prove to be anything but common should the family of the deceased decide to sue the clinic.   It would seem that any claim against the clinic might present some unique challenges for the plaintiffs given the volatile nature of the circumstances surrounding Ms. Nunez' death.

I have to wonder whether the plaintiffs'  lawyers will be able to find jurors who will not let the fact that Ms. Nunez was undergoing an abortion at the clinic when the accident occurred interfere with their ability to rule based on the facts of the case only, and not let their own prejudices cloud their judgment.  

I also have to wonder if lawyers for the plaintiff will even be able to find a panel of jurors who can keep an open mind throughout the proceedings.

Nunez own daughter, Davila  insisted that her mother did not believe in abortions.