then rushed him to nearby degraff memorial hospital. an hour later michael was pronounced dead by er doctor. gregory perry. >> when you first walked in the room what was your observation? >> michael wasn't dead. he was following me with his eyes. it wasn't just an involuntary thing. he looked right at me. you saw his eyes and body moving what made you think he might still be alive? >> he was trying to hug me. brought his leg up. knees bent. flatfoot flatfooted. he was breathing. over the next several hours, her husband showed signs of life. his family asked medical staff to check him. >> did you see his chest moving? >> yes. chest moving up and down. >> while dr. perry entered the room twice, the lawsuit says on the first visits. he did not perform a physical exam, that could confirm, life or death. never put a hand on him or stethoscope. >> hook him up to a monitor? >> no. michael had a tube down his throw. he said michael is 46 years old, he said that he has got a lot of life out of his, to expel out of his body. >> a coroner came to

perry and degraff memorial hospital would not comment, citing the pending lawsuit.raff memorial has said in legal filings that it followed all medical standards and required procedures. dr. perry, seen here in his 2010 graduation, said he did check for a pulse in the first two visits and found no signs of life. but on the third visit, michael cleveland's condition was "vastly different." >> i trusted-- i trusted the medical field at the time. i feel horrible. >> reporter: the doctor who opened the blocked artery said in his deposition, that even without the delay, cleveland was too sick and would have never survived. the case is expected to go trial in april. jeff, while a doctor not involved in the case cannot comment, we know heart muscle dies quickly when deprived of oxygen. >> glor: doctor, i know folks at the hospital sometimes are reluctant to spieng. what do they do if they find themselves in inspeakable situations like this? what do you recommend? >> reporter: and it does happen. this is an unusual case but you feel vulnerable and you don't have to. there's

perry and degraff memorial hospital would not comment citing the pending lawsuit.ial said in legal filings it followed all medical standards and required procedures. dr. perry seen at his 2010 medical school graduation said in his deposition that he did check for a pulse in those first two visits and found no signs of life. but on the third visit michael cleveland's condition was, quote, vastly different. the doctor at buffalo general who opened the blocked artery stated in his deposition that michael cleveland was too sick and he would never have survived even without the delay at degraff. cbs news legal tlslast rikki klieman says that will be for the jury. >> the defense said they did everything they could and he was pronounced dead no matter even if that was an error and we know it was an error because he became alive that would have made no difference. he was going to die anyway. plaintiffs experts will say, of course there was a chance that he would have survived. he was only 46 years old. >> do you carry guilt that you were supposed to be michael's voice? you