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Thread: Vegas hospital royally fucks up a woman's brain after she comes in after hitting head, now she can't talk or move

  1. #21
    Originally Posted by kewlJ View Post
    Boy, I just don't like the idea of "punitive" damages. Punitive comes from punishment does it not? Doctors and nurses go into that field because they want to help people. There is a lot of schooling and dedication. They do the best they can. Being humans, there are sometimes mistakes made. Are we punishing them for that?

    Now a patient that has suffered a loss of quality of life, due to such a mistake like the person in this story, is entitled to some compensation, certainly including covering medical bills, but it shouldn't be about punishing anyone.
    Dr. Mengele presumably originally went into the field to help people.

    Would punishing him have been wrong?

  2. #22
    Originally Posted by smurgerburger View Post

    They are punished for negligence.

    If your surgeon shows up high on cocaine and removed the wrong kidney, does he deserve to be punished?
    The doctor at Mountainview was found negligent for "failing to notice that Geiler’s sodium levels were being raised too quickly". Quite a leap for you to compare that to a doctor "high on cocaine that removed the wrong kidney".

    Quote from the article: "Geiler was at a higher risk of brain damage because of abnormal sodium levels because of her alcohol use". The woman got so drunk that she fell and hit her head, and so drunk she put herself at higher risk of this situation. While a tragic outcome, she has to bear some of the responibilty.

  3. #23
    Originally Posted by DGenBen View Post

    Dr. Mengele presumably originally went into the field to help people.

    Would punishing him have been wrong?
    As I just posted, the doctor at Mountainview was found to have failed to notice sodium level were rising too quickly. I am sure he wasn't standing there monitoring her sodium level as they were likely short staffed and spread too thin on a holiday weekend and he was tending to other patients. But that is a far cry from Dr Mengele, or a doctor high on cocaine. Jeez Louise.

  4. #24
    Originally Posted by kewlJ View Post
    Originally Posted by smurgerburger View Post

    They are punished for negligence.

    If your surgeon shows up high on cocaine and removed the wrong kidney, does he deserve to be punished?
    The doctor at Mountainview was found negligent for "failing to notice that Geiler’s sodium levels were being raised too quickly". Quite a leap for you to compare that to a doctor "high on cocaine that removed the wrong kidney".

    Quote from the article: "Geiler was at a higher risk of brain damage because of abnormal sodium levels because of her alcohol use". The woman got so drunk that she fell and hit her head, and so drunk she put herself at higher risk of this situation. While a tragic outcome, she has to bear some of the responibilty.
    You said there should be no punitive damages.

  5. #25
    Originally Posted by kewlJ View Post
    Originally Posted by smurgerburger View Post

    They are punished for negligence.

    If your surgeon shows up high on cocaine and removed the wrong kidney, does he deserve to be punished?
    The doctor at Mountainview was found negligent for "failing to notice that Geiler’s sodium levels were being raised too quickly". Quite a leap for you to compare that to a doctor "high on cocaine that removed the wrong kidney".

    Quote from the article: "Geiler was at a higher risk of brain damage because of abnormal sodium levels because of her alcohol use". The woman got so drunk that she fell and hit her head, and so drunk she put herself at higher risk of this situation. While a tragic outcome, she has to bear some of the responibilty.
    She can't move other than to blink; I want to say she has been bearing a fair deal of the consequences of her decisions.

  6. #26
    Originally Posted by kewlJ View Post
    Originally Posted by DGenBen View Post

    Dr. Mengele presumably originally went into the field to help people.

    Would punishing him have been wrong?
    As I just posted, the doctor at Mountainview was found to have failed to notice sodium level were rising too quickly. I am sure he wasn't standing there monitoring her sodium level as they were likely short staffed and spread too thin on a holiday weekend and he was tending to other patients. But that is a far cry from Dr Mengele, or a doctor high on cocaine. Jeez Louise.
    What difference does it make? As mentioned in Druff's OP, medical malpractice punitive awards are capped at $350,000 in the State of Nevada; ultimately, Geiler would be awarded both that and compensatory, which is a few million dollars by itself. When you compare the two awards, the punitive damage award almost ends up being superfluous, though I imagine the extra $350,000 could well matter to her at some point down the line.

    Medical care is so damned expensive that it's their own fault if this came about as a result of being short staffed; they could afford to pay peoples' way through college and get more nurses the kind of money the medical industry brings in. I also get the impression that this might have been avoided had they been more concerned with caring for the patient and less concerned with getting her to a different hospital. If she had ONLY been at Mountainview and this had come about by way of some flukey thing, then I might take your point.

  7. #27
    Keep in mind this isn't the only recovery for the victim, as the article says she originally sued eleven different entities and people, worked out settlements with them for "undisclosed amounts" and went to trial against the last three, the only ones who refused to settle.
    What, Me Worry?

  8. #28
    Originally Posted by MisterV View Post
    Keep in mind this isn't the only recovery for the victim, as the article says she originally sued eleven different entities and people, worked out settlements with them for "undisclosed amounts" and went to trial against the last three, the only ones who refused to settle.
    I thought the one article said only one entity refused to settle and two entities did settle? If there were eleven defendants, it might be that some of them managed to have the claims against them dismissed, idk. I tried to look up more information about the case, but they do not appear to have the records online, or I am just an idiot and couldn't find it, which is also very possible.

  9. #29
    Originally Posted by Mission146 View Post
    I thought the one article said only one entity refused to settle and two entities did settle?
    Nope.

    see: "The lawsuit originally named 11 defendants between the two hospitals and various doctors and nurses. After multiple settlements, which Claggett said were confidential, only three defendants remained during the trial — MountainView Hospital, Dr. Ejo John and Dr. Amit Valera."

    I mention this because it is likely she received multiple millions from the other entities who paid her off to avoid the crapshoot of a trial.
    What, Me Worry?

  10. #30
    Evidently, I'm not very good at this reading thing. I totally missed that paragraph somehow and then got something else from it entirely, that two of the three Defendants had settled and one (Valera) did not. That said, I do wish that the dispositions would be listed for all of the individual defendants as it is possible that some defendants were dismissed. After all, it says, "After multiple settlements," not that every other defendant had settled.

    Pretty wild case, in any event.

  11. #31
    Originally Posted by MisterV View Post
    Keep in mind this isn't the only recovery for the victim, as the article says she originally sued eleven different entities and people, worked out settlements with them for "undisclosed amounts" and went to trial against the last three, the only ones who refused to settle.
    Thank you MrV. This person is blaming 11 different people and hospitals. I am not unsympathetic to this situation, but she or whoever is making decisions for her, wants to blame everybody and anybody and take no responsibility for their own actions that put them in this situation.

  12. #32
    Whether she was drunk or not when she fell seems irrelevant to the issue at hand, namely what quality of care should people expect at a hospital?

    Let's say I am a bad man; I shoot up a daycare, kill ten cops, then am injured by law enforcement.

    I go to the hospital, and due to their negligence I expire.

    Should my estate be allowed to sue the hospital for the death of such a rotten person?

    That question is rhetorical, the answer is "Yes."

    Hospitals "take em the way they find em" and need to follow established protocols and methods of care in all circumstances.
    What, Me Worry?

  13. #33
    Originally Posted by MisterV View Post
    Whether she was drunk or not when she fell seems irrelevant to the issue at hand, namely what quality of care should people expect at a hospital?

    Let's say I am a bad man; I shoot up a daycare, kill ten cops, then am injured by law enforcement.

    I go to the hospital, and due to their negligence I expire.

    Should my estate be allowed to sue the hospital for the death of such a rotten person?

    That question is rhetorical, the answer is "Yes."

    Hospitals "take em the way they find em" and need to follow established protocols and methods of care in all circumstances.
    I understand your point MrV, as well as the same point Smurburger made earlier. If there is real malpractice, sure somebody should be held responsible. I just don't see something like not noticing that sodium level were rising too quickly as that. Now the example of a doctor removing the wrong kidney...YES, absolutely.

    And that fact that she (or they) are blaming and taking legal action against 11 different medical personnel and entities (hospitals), just screams they are looking for a scapegoat. Did 11 different people commit malpractice on this woman?

    This place that we are in now, sue everybody all the time, can't be good. Well, it is good for the Lawyers. No offense MrV.
    Last edited by kewlJ; 02-23-2023 at 10:58 AM.

  14. #34
    Look, if someone goes to a hospital or emergency room, or even their regular doctor, there is a chance of a doctor (or nurse) missing something or a missed diagnosis. This occurs all the time. They do the best they can. And that is why people seek second opinions when they can. And if YOU put yourself in the position of needing or seeking medical attention at a hospital or emergency room on a busy holiday weekend, that chance goes up.

    Somebody missed something here, the sodium level rising too quickly, which lead to this rare and horrific outcome. I feel bad for the person, but I just don't see that somebody is to blame for that. That should not be the definition of malpractice and that is what we are talking about. The definition of malpractice and someone accountable for their wrong doing, should be something along the lines of the example smurgerberger gave of a doctor removing the wrong kidney.

    I guess i just don't think along the lines of looking to blame someone for everything that happens. In 2011 I received a valve replacement. The device or valve put in was "supposed" to last 20-25 years. Mine began to fail after 6 years, requiring a second heart surgery and replacement. It was suggested to me that I might want to hire a lawyer and pursue legal action against the company that makes the device, Boston Scientific. I probably could have and won some kind of judgement. But why? Nobody was to blame. There are no guarantees in life.

    And I just don't see that anybody was to blame for this situation. Somebody missed something and it lead to a horrific outcome.
    Last edited by kewlJ; 02-23-2023 at 11:26 AM.

  15. #35
    KewlJ whatever you do do not go to law school.

  16. #36
    Originally Posted by kewlJ View Post
    Originally Posted by MisterV View Post
    Keep in mind this isn't the only recovery for the victim, as the article says she originally sued eleven different entities and people, worked out settlements with them for "undisclosed amounts" and went to trial against the last three, the only ones who refused to settle.
    Thank you MrV. This person is blaming 11 different people and hospitals. I am not unsympathetic to this situation, but she or whoever is making decisions for her, wants to blame everybody and anybody and take no responsibility for their own actions that put them in this situation.
    When it comes to these sorts of claims, suing anyone who could potentially have ANY culpability whatsoever is not an uncommon tactic at all. That's not only true for medical malpractice, but can also be true of many other types of civil torts.

    For example, if you fall down and go boom on some ice at a business, then you sue the business, the manager, the employee working at the time, the snow removal service they use (if applicable)...stuff like that. Well, unless you're me and you're stupid. I got up, laughed, went in and told them their wooden walkway is very icy, then left quietly.
    Last edited by Mission146; 02-23-2023 at 11:56 AM.

  17. #37
    In fact, KewlJ, I actually have direct personal experience in this regard.

    I've told this story before, but the hotel once lost a chargeback on claims of theft/misuse of a company credit card that had been used to pay for some rooms, but evidently, was inappropriately used (by someone else) at some point after. Essentially, the business to whom the credit card was issued just asked the credit card company to retroact everything to a certain date and then assume everything after that date was fraudulent.

    I attempted, when I received the chargeback request, to call the company and explain that my room charges were legitimate. I had a copy of the credit card, front and back, as well as copies of identification for both of the gentlemen who each got a room. The company did not return my calls whatsoever, so I had to fight with the credit card company. I explained that the guys were actually staying before the date the business claimed all transactions must have been fraudulent, but that we only charge rooms on a weekly basis, or upon the guest checking out, whichever first. In any event, despite my providing this documentation to the credit card company, the credit card company sided with the business.

    In Ohio, I could legally represent the hotel in small claims court for this action, so I did. I went to the court and sued the business as well as both of the employees in their individual capacities. I never expected that the employees would be found liable, even if there was a trial, or that I would collect anything from them...I mainly just sued the employees in their individual capacity to put pressure on the business to finally deal with this issue. Imagine getting mail that you're being sued as a result of working with a place and being out of town with the company disputing the hotel charge---that's going to light a fire under your ass!!!

    Apparently, or so it was claimed, there were some mass firings that went all the way to the top and the lady who had to deal with this stuff was so buried that I somehow slipped through the cracks. She gave me a new credit card and I just charged it for the rooms as well as the hotel's expenses (paper, toner, mail, filing fee) in suing the business, to the penny, then I went and filed a voluntary dismissal of my complaint.
    Last edited by Mission146; 02-23-2023 at 12:01 PM.

  18. #38
    Baseball players are trained (for years) to hit the baseball. They fail two thirds of the time.
    Kickers in football are trained to kick field goals. They fail 20-30 or more percent of the time.
    Blackjack dealers are trained to deal the cards and make correct payouts. They sometimes fail to make correct payouts.
    Teachers are trained to teach. Sometimes they fail in doing so.

    Why do we expect doctors and medical professionals to be infallible?

    The threat of culpability doesn't make them better doctors. It just makes qualified people not want to pursue that profession.

    If you are looking for some kind of guarantee, then don't seek their help and assistance. Treat yourself at home.

  19. #39
    Malpractice does not mean failing to cure someone.

  20. #40
    I don't think Barry Bonds swinging at one and missing ever resulted in someone being totally paralyzed and only able to communicate through blinking.

    With great responsibility comes, well, great responsibility. Of course, the same argument you are making is also my argument in favor of punitive damage caps on medical malpractice; I just don't think that a doctor fucking up entitles the patient to nothing, in most instances.

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