Closing Arguments Under Way in John Ritter Death Lawsuit

March 12, 2008 — -- An attorney for John Ritter's family told jurors Wednesday that a cardiologist's failure to order a chest X-ray on the actor led to his death from a torn aorta, along with a radiologist's failure to adequately warn him two years earlier that he was in danger from an enlarged aorta.

The claim was made in closing arguments at the trial of a wrongful-death lawsuit in which Ritter's family is seeking $67 million in damages from the two doctors, whose lawyers say the physicians did nothing wrong.

"This is clearly a case of malpractice," said family attorney Moses Lebovits. "... It only takes common sense to know they should have taken a chest X-ray."

Lebovits said that had Ritter been properly diagnosed, "He would have had surgery. He would have been back at work. He would have survived with his humor and good wit and been entertaining us all."

Ritter died of an aortic dissection in 2003 at Providence St. Joseph Medical Center in Burbank, where he was taken after becoming ill while working on his hit TV show, "8 Simple Rules ... for Dating My Teenage Daughter."

Eight other medical personnel and the hospital have settled lawsuits. Ritter's widow, Amy Yasbeck, and his four children received $14 million from those cases.

Before Lebovits spoke, Superior Court Judge Laura Matz told the jury that lawyers for the radiologist, Dr. Matthew Lotysch, and the cardiologist, Dr. Joseph Lee, would claim that Ritter's death was caused by his own negligence in failing to follow instructions to seek medical assistance earlier.

Several times during his argument Lebovits returned to what he called a commonsense decision which would have been to take a chest X-ray of Ritter before Lee treated him for what appeared to be a heart attack.

"When we put our lives in the hands of doctors, we ask them to do one thing -- to do what they are taught to do. We don't ask for any heroism. ... All they had to do was one thing -- get the chest X-ray," Lebovits said.