MrV, I think we are getting a little too far into the legal "weeds" here. You are or were an attorney, and although this isn't you field of expertise, you know the law and are arguing the legal aspect of this. Smurgerburger is doing likewise. Maybe he is an attorney as well, or maybe he isn't, I have no idea.
I am just voicing an opinion that a doctor, probably a young, somewhat inexperienced doctor, as that is usually who is working on a holiday like that, likely running around over extended, that missed something like a patient's sodium levels rising, is not on the same level as a what I would call malpractice. Smurgerburger gave a pretty good example of that with the "removing wrong kidney" scenario. THAT is freaking malpractice.
I understand that a jury found it to be malpractice, or whatever term you want to use. But, that doesn't mean I have to agree with it. A jury found O.J. Simpson not guilty. I personally don't agree with that. A jury acquitted Casey Anthony of killing her daughter, in Florida. Remember that case? I didn't agree with that. So I just don't agree that there was "malpractice" here. That is an opinion.
Furthermore, I began my discussion of this topic by saying the lady has to take some responsibility. The article says her alcohol blood levels were abnormally high. It was New Years Day. She was likely out drinking and using whatever other substance all night, to the point that she couldn't stand up and fell and hit her head and needed medical attention from a busy urban hospital on a holiday. I mean come on.
Back when I lived in Philadelphia, there were some pretty bad areas of the city. One of the worst, extending from North Philly east through Kensington, a particularly bad area, was known as "the badlands". A lot of drugs and crime, murders, gang activity, prostitution. I had a friend that one night at 1:45 in the morning was almost beat to death there. He was in an induced coma a for a week before he finally began to improve. I know he was there to buy weed, because I even went there a couple times with him, during daytime hours.
But Jesus Christ, you don't put yourself in that situation and location at 1:45 am. When you do stupid shit like that (or drink until you can't stand up without falling and hitting your head), bad things happen. People have to take some responsibility for putting themselves in a bad position. These days nobody wants to do that. They blame everybody and anybody for everything.
I am sorry the lady ended up as she has, but she is as much responsible as anyone, in my opinion.
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