Rukh O'Rorke
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Post by Rukh O'Rorke on Aug 11, 2017 16:43:05 GMT -5
This is a justified suit.
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whoisjohngalt
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Post by whoisjohngalt on Aug 11, 2017 17:31:27 GMT -5
I think most people who know me at all or who have read many of my posts would think "yeah, sounds about right you'd be at home sleeping comfortably while your wife was in the hospital". That's the "obvious" part. That was obvious but making her take the bus home from the hospital might have been taking it too far. Interestingly enough that's exactly how my parents got home with me when I was born. They didn't own a car....
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souldoubt
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Post by souldoubt on Aug 11, 2017 17:34:45 GMT -5
That was obvious but making her take the bus home from the hospital might have been taking it too far. Interestingly enough that's exactly how my parents got home with me when I was born. They didn't own a car.... I posted it as a joke but truth be told some time after I was sitting and thinking "some people really had to do that because they had no choice." No offense meant and I see how it can be in poor taste, my apologies.
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whoisjohngalt
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Post by whoisjohngalt on Aug 11, 2017 17:43:48 GMT -5
Interestingly enough that's exactly how my parents got home with me when I was born. They didn't own a car.... I posted it as a joke but truth be told some time after I was sitting and thinking "some people really had to do that because they had no choice." No offense meant and I see how it can be in poor taste, my apologies. oh my goodness, I was not offended at all and I don't think there was anything wrong with your comment. No apologies necessary!! I still, to this day, just find very interesting the difference in cultures, expectations, etc between US and where I was born.
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souldoubt
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Post by souldoubt on Aug 11, 2017 17:56:29 GMT -5
Glad it didn't offend you as I know when you post you don't have thin skin or get offended easily but I wanted to apologize just in case. I obviously don't have your experience being born in another country but it really did make me think back to when rode the public bus to get home from school. I only did it for a school year but for most of the other people on that route that was their reality and they could still be riding it to this day. Definitely something I take for granted when I'm talking about having to get a new to me car in another thread after my car died.
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Shooby
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Post by Shooby on Aug 11, 2017 18:24:45 GMT -5
I don't think this would have happened if they had only given mom the vicodan. They have been giving pain meds postop to women with C Sections for decades. But, ambien on top of that? Ambien literally makes people black out. Why are they giving that now?
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spartan7886
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Post by spartan7886 on Aug 12, 2017 16:31:19 GMT -5
I think she has a case here because of the drugs, and $8mm is not too far off the value of a life.
I had a young (college-aged) relative die of mono after the ICU people did not follow the orders of the ER doctor to hook her up to machines for monitoring. Texas law limits punitive damages to $250k, and because this was a UT hospital and therefore publicly owned the relevant cap was dropped to $100k. No lawyer would even look at the case because of the low dollar amount relative to what they would charge.
I don't have an issue with the generic idea of tort reform, but there should be some recognizance that a wrongful death suit is not the same as, say, a broken leg.
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jkapp
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Post by jkapp on Aug 12, 2017 20:57:10 GMT -5
I don't know. I read about that case today and usually I'm rather skeptical of this type of lawsuit and that people should take responsibility for their own actions... but there's a real issue when hospitals dose up an exhausted woman with narcotics and then leave her alone with a newborn baby. My issue is why is this a civil suit and not a criminal prosecution? If a parent had done this at home, I'm pretty sure they would be charged with negligent homicide or some other felony. So why did the doctors and nurse staff not get charged? Lawsuits for money are just so much bullshit...either there is a criminal prosecution or not. If we spend too much on healthcare we also spend way too much on legal fees, lawyer fees, and lawsuits for civil matters in this country, especially in terms of "pain and suffering." Please...life is full of pain and suffering, no one owes you anything because of it - otherwise we'd all be millionaires.
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emma1420
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Post by emma1420 on Aug 12, 2017 22:03:26 GMT -5
I think she has a case here because of the drugs, and $8mm is not too far off the value of a life. I had a young (college-aged) relative die of mono after the ICU people did not follow the orders of the ER doctor to hook her up to machines for monitoring. Texas law limits punitive damages to $250k, and because this was a UT hospital and therefore publicly owned the relevant cap was dropped to $100k. No lawyer would even look at the case because of the low dollar amount relative to what they would charge. I don't have an issue with the generic idea of tort reform, but there should be some recognizance that a wrongful death suit is not the same as, say, a broken leg. Same. I also think that there needs to be some thought about the outcome of the mistake. My mother sued her doctor for misdiagnosising her breast cancer. She ended up having a delay of treatment for six months. But, her treatment didn't change because she was diagnosed in June rather than January. She couldn't have avoided the chemotherapy and her surgical options would have been the same. To me, that isn't a good use of resources. I would much rather see physicians in those cases be required to get some retraining so that they don't make the mistake again. However, when the results are life changing, then that is a different story. If someone ends up as being disabled needing long-term care as a result or someone dies, then I fully support someone's ability to sue. I also think caps on payouts are dangerous. A child who ends up severely disabled because of a mistake made? Can have millions of dollars worth of healthcare needed over the course of the child's life, and that care should be paid for. Punitative damages I'm less on board with.
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whoisjohngalt
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Post by whoisjohngalt on Aug 12, 2017 23:47:50 GMT -5
I think she has a case here because of the drugs, and $8mm is not too far off the value of a life. I had a young (college-aged) relative die of mono after the ICU people did not follow the orders of the ER doctor to hook her up to machines for monitoring. Texas law limits punitive damages to $250k, and because this was a UT hospital and therefore publicly owned the relevant cap was dropped to $100k. No lawyer would even look at the case because of the low dollar amount relative to what they would charge. I don't have an issue with the generic idea of tort reform, but there should be some recognizance that a wrongful death suit is not the same as, say, a broken leg. Same. I also think that there needs to be some thought about the outcome of the mistake. My mother sued her doctor for misdiagnosising her breast cancer. She ended up having a delay of treatment for six months. But, her treatment didn't change because she was diagnosed in June rather than January. She couldn't have avoided the chemotherapy and her surgical options would have been the same. To me, that isn't a good use of resources. I would much rather see physicians in those cases be required to get some retraining so that they don't make the mistake again. However, when the results are life changing, then that is a different story. If someone ends up as being disabled needing long-term care as a result or someone dies, then I fully support someone's ability to sue. I also think caps on payouts are dangerous. A child who ends up severely disabled because of a mistake made? Can have millions of dollars worth of healthcare needed over the course of the child's life, and that care should be paid for. Punitative damages I'm less on board with. I wonder if it would help anything if in those type of cases anything rec'd in a law suit was set up as a medical trust vs family just receiving cash free and clear. And then if someone dies - like in this case - money won't fix anything at all, how that should be handled
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milee
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Post by milee on Aug 13, 2017 7:18:06 GMT -5
.... However, when the results are life changing, then that is a different story. If someone ends up as being disabled needing long-term care as a result or someone dies, then I fully support someone's ability to sue. I also think caps on payouts are dangerous. A child who ends up severely disabled because of a mistake made? Can have millions of dollars worth of healthcare needed over the course of the child's life, and that care should be paid for. Punitative damages I'm less on board with. If a law attempted to limit the actual damages (lifetime care costs, costs for prosthesis, etc) then yes, that law would be too restrictive. But the laws I've seen only limit the punitive damages and/or the damages for pain and suffering.
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zibazinski
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Post by zibazinski on Aug 13, 2017 7:23:01 GMT -5
Wait, the nurse left a baby with a mother full of drugs for what reason? If the mother was nursing, the baby would ingest those drugs. If the mother was full of drugs, she could have dropped, rolled onto, or knocked baby off bed. You don't leave a baby with someone who is not in total control of their faculties. Something doesn't make sense here.
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spartan7886
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Post by spartan7886 on Aug 13, 2017 13:37:39 GMT -5
.... However, when the results are life changing, then that is a different story. If someone ends up as being disabled needing long-term care as a result or someone dies, then I fully support someone's ability to sue. I also think caps on payouts are dangerous. A child who ends up severely disabled because of a mistake made? Can have millions of dollars worth of healthcare needed over the course of the child's life, and that care should be paid for. Punitative damages I'm less on board with. If a law attempted to limit the actual damages (lifetime care costs, costs for prosthesis, etc) then yes, that law would be too restrictive. But the laws I've seen only limit the punitive damages and/or the damages for pain and suffering. What is the point in allowing people to sue for punitive damages at all when the limits are set so low that the maximum penalty is not actually punitive to the entity being sued? I can guarantee my relatives didn't care about the money when they were contemplating suing the hospital. They wanted assurance that something was being done to ensure that orders were read and followed when patients moved between floors in the future. They didn't have any other way to go about trying to get that done than threatening to sue. As it stands, the hospital is better off for her dying than if they had been able to resuscitate her and she had to be on a vent.
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giramomma
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Post by giramomma on Aug 13, 2017 20:37:42 GMT -5
Wait, the nurse left a baby with a mother full of drugs for what reason? If the mother was nursing, the baby would ingest those drugs. If the mother was full of drugs, she could have dropped, rolled onto, or knocked baby off bed. You don't leave a baby with someone who is not in total control of their faculties. Something doesn't make sense here. I'm still wondering why a breastfeeding woman was given a sleep aide. I only tried with DS, but as I remember, we had to wake him up every 2 hours to try to eat. He had had no output, though and was losing weight pretty rapidly. The peanut was FF from the start, but also a slow gainer. We had to wake her up every three hours. I just don't understand the point of giving someone who has to be up every 2-3 hours sleeping medication. I also don't understand why the mom wouldn't question it.
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zibazinski
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Post by zibazinski on Aug 13, 2017 20:39:34 GMT -5
Wait, the nurse left a baby with a mother full of drugs for what reason? If the mother was nursing, the baby would ingest those drugs. If the mother was full of drugs, she could have dropped, rolled onto, or knocked baby off bed. You don't leave a baby with someone who is not in total control of their faculties. Something doesn't make sense here. I'm still wondering why a breastfeeding woman was given a sleep aide. I only tried with DS, but as I remember, we had to wake him up every 2 hours to try to eat. He had had no output, though and was losing weight pretty rapidly. The peanut was FF from the start, but also a slow gainer. We had to wake her up every three hours. I just don't understand the point of giving someone who has to be up every 2-3 hours sleeping medication. I also don't understand why the mom wouldn't question it. If the mom was "out of it" or simply in a daze/fog after giving birth, she might not realize what she's even been given.
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Post by The Walk of the Penguin Mich on Aug 13, 2017 23:21:11 GMT -5
I'm still wondering why a breastfeeding woman was given a sleep aide. I only tried with DS, but as I remember, we had to wake him up every 2 hours to try to eat. He had had no output, though and was losing weight pretty rapidly. The peanut was FF from the start, but also a slow gainer. We had to wake her up every three hours. I just don't understand the point of giving someone who has to be up every 2-3 hours sleeping medication. I also don't understand why the mom wouldn't question it. If the mom was "out of it" or simply in a daze/fog after giving birth, she might not realize what she's even been given. This happened 4 days after birth.
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zibazinski
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Post by zibazinski on Aug 14, 2017 5:00:45 GMT -5
If the mom was "out of it" or simply in a daze/fog after giving birth, she might not realize what she's even been given. This happened 4 days after birth. If she was still in the hospital 4 days after birth something was very wrong with her so this raises even more alarms.
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Deleted
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Post by Deleted on Aug 14, 2017 7:22:56 GMT -5
This happened 4 days after birth. If she was still in the hospital 4 days after birth something was very wrong with her so this raises even more alarms. 4 days is the normal stay after a c-section, so it could have just been that.
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Shooby
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Post by Shooby on Aug 14, 2017 7:28:37 GMT -5
I dont think 4 days raises any alarms. She might have developed a minor complication, fever, etc that extended her stay. Also she was an older mom as well. Maybe her hemoglobin was still a bit low, etc. And, there are pain meds that are perfectly safe for nursing moms and babies. I think it is the sleeping pill that made all of this go so badly.
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Deleted
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Post by Deleted on Aug 14, 2017 7:29:26 GMT -5
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Shooby
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Post by Shooby on Aug 14, 2017 7:31:08 GMT -5
Legal things take a long time. Who knows what had been going on in the interim.
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taz157
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Post by taz157 on Aug 14, 2017 8:24:02 GMT -5
If she was still in the hospital 4 days after birth something was very wrong with her so this raises even more alarms. 4 days is the normal stay after a c-section, so it could have just been that. I stayed 2 days after my c-section 6 years ago. I couldn't wait to leave. Nothing wrong with the hospital, I just wanted to be home with DH and DD.
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MJ2.0
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Post by MJ2.0 on Aug 14, 2017 12:01:42 GMT -5
Same. I also think that there needs to be some thought about the outcome of the mistake. My mother sued her doctor for misdiagnosising her breast cancer. She ended up having a delay of treatment for six months. But, her treatment didn't change because she was diagnosed in June rather than January. She couldn't have avoided the chemotherapy and her surgical options would have been the same. To me, that isn't a good use of resources. I would much rather see physicians in those cases be required to get some retraining so that they don't make the mistake again. However, when the results are life changing, then that is a different story. If someone ends up as being disabled needing long-term care as a result or someone dies, then I fully support someone's ability to sue. I also think caps on payouts are dangerous. A child who ends up severely disabled because of a mistake made? Can have millions of dollars worth of healthcare needed over the course of the child's life, and that care should be paid for. Punitative damages I'm less on board with. I wonder if it would help anything if in those type of cases anything rec'd in a law suit was set up as a medical trust vs family just receiving cash free and clear. And then if someone dies - like in this case - money won't fix anything at all, how that should be handlednot sure, but I know in this case I wouldn't be happy with a "these things happen" speech and to be sent on my merry way. The damages are meant to be a sort of punishment to the hospital for their negligence. Also, they need to retrain staff so things like this never happen again.
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hoops902
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Post by hoops902 on Aug 14, 2017 12:06:12 GMT -5
I wonder if it would help anything if in those type of cases anything rec'd in a law suit was set up as a medical trust vs family just receiving cash free and clear. And then if someone dies - like in this case - money won't fix anything at all, how that should be handlednot sure, but I know in this case I wouldn't be happy with a "these things happen" speech and to be sent on my merry way. The damages are meant to be a sort of punishment to the hospital for their negligence. Also, they need to retrain staff so things like this never happen again. Part of the problem to the victims is that lots of times in these cases there are no criminal consequences. It's a lot easier to walk away with no money if the person responsible is held responsible criminally. It's a lot harder to just walk away with an "oh well, sorry we killed your kid unnecessarily, who is next in line?"
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MJ2.0
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Post by MJ2.0 on Aug 14, 2017 12:36:39 GMT -5
not sure, but I know in this case I wouldn't be happy with a "these things happen" speech and to be sent on my merry way. The damages are meant to be a sort of punishment to the hospital for their negligence. Also, they need to retrain staff so things like this never happen again. Part of the problem to the victims is that lots of times in these cases there are no criminal consequences. It's a lot easier to walk away with no money if the person responsible is held responsible criminally. It's a lot harder to just walk away with an "oh well, sorry we killed your kid unnecessarily, who is next in line?" I think the problem is figuring out who to hold criminally liable. Do you arrest the mother's attending physician? The nurse who gave her the baby while she was drugged? The nurses who gave her the drugs?
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hoops902
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Post by hoops902 on Aug 14, 2017 12:46:20 GMT -5
Part of the problem to the victims is that lots of times in these cases there are no criminal consequences. It's a lot easier to walk away with no money if the person responsible is held responsible criminally. It's a lot harder to just walk away with an "oh well, sorry we killed your kid unnecessarily, who is next in line?" I think the problem is figuring out who to hold criminally liable. Do you arrest the mother's attending physician? The nurse who gave her the baby while she was drugged? The nurses who gave her the drugs? Seems relatively easy to me, the nurse who gave her the baby and left the baby there while she was drugged. Or if there is a documented process whereby you are allowed do to that, then the person who approved that process. It's the person who negligently put the baby in harm's way by giving it to someone under the influence of drugs (which is the person who handed the baby to her, or the person who otherwise said it was ok to hand a baby over to someone in that situation).
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MJ2.0
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Post by MJ2.0 on Aug 14, 2017 12:48:30 GMT -5
I'm thinking someone had to have told that nurse to give the woman her baby at that time. Hospital staff don't just do things to do them.
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Shooby
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Post by Shooby on Aug 14, 2017 12:58:14 GMT -5
It's the job of the nurse to know what meds a pt is on and when they were given.
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MJ2.0
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Post by MJ2.0 on Aug 14, 2017 13:01:19 GMT -5
I'd actually wonder if the nurse had realized the mother was given Ambien. There are a lot of cases where a person can be totally interactive but still asleep while taking it. I sense that some of this happened because files were not looked at carefully enough.
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whoisjohngalt
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Post by whoisjohngalt on Aug 14, 2017 13:01:39 GMT -5
What bothers me is that nurse, doctor, etc won't be personally financially responsible. And if criminal charges will start being common practice - would people still want to go into those fields?
I mean, everyone makes mistakes, but the nature of medical professionals is that those mistakes can be deadly.
So, in this case - was the proper documentation in the patient's file and nurse didn't think it was dangerous to give her the baby? Based on protocol - are they allowed to give babies when mothers are drugged up?
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