Jury finds in favor of doctor in malpractice suit tied to pro golfer’s death

Jurors deliberated less than an hour Tuesday before ruling in favor of a Las Vegas physician accused of malpractice in connection with the 2010 suicide of a professional golfer.

The Clark County District Court jury found that Dr. Thomas Hess did not breach the standard of care in his treatment of golfer Erica Blasberg.

“We had a fair trial,” said the woman’s father, Mel. “The laws in the state of Nevada are very biased to doctors.”

Hess found Blasberg’s body in her Henderson home on the afternoon of May 9, 2010, and called 911. The 25-year-old woman had a plastic bag over her head.

The Clark County coroner’s office listed asphyxia as the primary cause of death, but the coroner also said the presence of prescription drugs in Blasberg’s system was a significant factor in her death.

Toxicology confirmed the presence of several prescription drugs, including headache, cough, pain and anti-anxiety medications.

Blasberg’s parents later filed a lawsuit against Hess. They claimed his malpractice caused their daughter’s death.

“We didn’t want to ever give the appearance that this was about money, because it was about exposing what happened,” said Mel Blasberg, who lives in Corona, Calif.

Hess sat at the defense table during closing arguments Tuesday but did not return to court for the verdict.

Attorney Nicholas Crosby, who represents the Blasbergs, accused Hess of letting his personal interests get in the way of his professional obligations.

Hess admitted he was Blasberg’s physician, Crosby said during his closing argument, but evidence also proved the pair had “an intimate, romantic relationship.”

The lawyer said Blasberg was happy when she golfed with her father on May 6, 2010. The following day she golfed with Hess, and afterward, a video captured him caressing her leg and arm at the M Resort in Henderson.

On May 8, 2010, Crosby said, the married physician purchased a pre-paid cell phone under a false name and date of birth.

“He bought the phone to continue nurturing the inappropriate relationship — this relationship that he needed to keep secret,” the lawyer argued.

He said Hess called Blasberg and noticed she sounded intoxicated. He went to her home and poured out vodka he found in the freezer.

“Dr. Hess was concerned that night that Erica would hurt herself,” Crosby argued. “That’s why he dumped out the alcohol.”

Defense attorney Kim Mandelbaum told jurors that Hess was in the wrong place at the wrong time. She said he did not know that Blasberg was suicidal when he left her.

“If you think that, then he’s a monster,” she said. “He’s not a monster.”

Mandelbaum said none of the medications had been prescribed by Hess.

Crosby said Hess waited while Blasberg took a shower, then went home to his wife. Hess denied he had a romantic relationship with Blasberg.

Evidence showed that Blasberg tried to call Hess at 3:35 a.m. on May 9, 2010, which was Mother’s Day. He then tried to call her eight times between 6:12 a.m. and 6:35 a.m., and nine more times in the afternoon before going to her home in the Anthem community.

Hess entered the unlocked back door and went upstairs, where he found Blasberg dead in her bedroom. Police later found her suicide note in his vehicle, along with some prescription medication he had removed from the scene.

The physician took the items from Blasberg’s home because he “knew he had left Erica in a compromised state” the night before, Crosby argued.

Hess pleaded guilty in December 2010 to one count of obstruction, a misdemeanor.

Mel Blasberg said Hess, now 46, has never shown any remorse for his actions.

“This is somebody that I think is reprehensible, given that he wears a white coat,” the father said.

Blasberg turned pro in 2004 and had her only top-10 finish in 2008.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Follow her on Twitter: @CarriGeer.