Do you think this lawsuit is justified?

isasir

Diamond Member
Aug 8, 2000
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The suit that Ed Smalling would wear as he lay in his coffin was hanging on the back of the kitchen door.

Through the night, his wife and two children had called relatives - including his four grandchildren - to tell them of his passing.

The Town of Babylon had lowered a flag to half staff out of respect for its former employee, and the funeral director already had agreed to pick up Smalling's body from Good Samaritan Hospital in West Islip.

Then the unthinkable happened. More than seven hours after Adeline Smalling learned of her husband's death, the doctor who had phoned her with the news called her West Babylon home a second time.

The doctor apologized. Ed Smalling, he told her, wasn't dead.

"There was this feeling of complete anger," their daughter, Michelle Moglia of Westhampton, said yesterday. "We didn't even know until we got to the hospital what the mix-up was. Did they take him down to the morgue and he just sat up and said, 'Hello, here I am?'"

Those initial fears proved unfounded. The night before, the doctor had called the hospital and spoken with a nurse about the status of several patients, he told the Smalling family later, and he or the nurse had simply confused Ed Smalling with another patient who had passed away.

Now, a month later, Ed Smalling, 73, has stabilized and is living in a nursing home for the first time, though he is paralyzed and unable to speak because of two strokes he suffered years ago, Moglia said. And Adeline Smalling, 64, is suing Good Samaritan Hospital, saying the erroneous report has caused emotional and physical trauma.

She has started taking blood pressure medication for the first time, she said yesterday, and is having trouble managing her diabetes.

Given his health, Moglia said, the news that her father had died wasn't a shock. The doctor, Yin Lee Chin of Lindenhurst, had warned the family that Smalling, unable to keep food down and suffering from internal bleeding, could die at any time.

So when the first phone call came, with news that her husband of 45 years had died, "we cried a lot, but then my son said to me, 'Mom, Daddy's not suffering any more,'" said Adeline Smalling. "Then all of a sudden, Daddy's alive, again. It was impossible to absorb ... I was in a fog. It was like the Twilight Zone."

Good Samaritan spokeswoman Christine Hendriks, however, suggested the Smalling family was misdirecting its anger, or at least its lawsuit, over the July 22 incident. "This matter involves communication between a patient's personal physician and the family," she said. "Since this matter is currently involved in litigation, we cannot comment any further."

Chin did not return calls seeking comment.

The Smallings' attorney, Andrew Siben of Bay Shore, had the hospital served on Aug. 13 with a copy of the complaint filed in State Supreme Court.

"Good Samaritan Hospital does a lot of good work, but like a lot of hospitals, they are often filled beyond capacity," Siben said. "Obviously, the problem was a breakdown of communication, but it affected a family when they were at their most vulnerable."

Adeline Smalling said the second round of phone calls to relatives was just as traumatic as the first, with relatives asking questions she didn't yet know the answer to about how such a mistake could be made.

And the flag, lowered in the honor of his 41 years of service in the Babylon highway department?

"It went right back up," Adeline Smalling said. "Believe me."

Then, she and her children put the deed for the funeral plot the Smallings had purchased back into a drawer, went to Siben's office, and then to the hospital.

"The doctor kept saying he was sorry," Adeline Smalling said. "But sorry doesn't really cut it."
 

faenix

Platinum Member
Sep 28, 2003
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No excuse for a hospital to screw up.

After all, they're getting paid extremely well and there's really no room for them to screw up like this.
 

CPA

Elite Member
Nov 19, 2001
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Originally posted by: faenix
No excuse for a hospital to screw up.

Not necessarily a justification to sue though. And it wasn't the hospital that screwed up, it was their family doctor who did.

This case is frivilous and should be thrown out on it's ear.
 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
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If any of the family managed to make unchangeable travel plans in the course of those 7 hours, I could see suing for compensation for associated costs. Other than that it seems frivolous to me.
 

Originally posted by: faenix
No excuse for a hospital to screw up.

After all, they're getting paid extremely well and there's really no room for them to screw up like this.
You can't be serious.

After reading this article the wife is being a huge drama queen. I hope she trys to jerk out some tears in the court room, so the judge can throw this one to the street.
 

Jzero

Lifer
Oct 10, 1999
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Sounds like somebody just wants to cash in. Ridiculous. I bet they are the first ones to piss and moan when the hospital is closed down and now the nearest hospital is 45 min away.

They got an apology, and the man is alive and as well as he could be given his age and prior physical health. What more do they want? Oh right. A FCKING HANDOUT. As if all that money I'm pissing into social security every year wasn't enough of a handout for their sorry asses :roll:
 

pulse8

Lifer
May 3, 2000
20,860
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I don't think so.

The family of the living should be thankful that he's alive.

"The doctor kept saying he was sorry," Adeline Smalling said. "But sorry doesn't really cut it."

They won't accept an apology alone, it has to be coupled with lots of money? I think that's crazy considering the only damage done was a night of heartache (althought the guy is one foot in the grave anyway) and some long distance phone charges.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
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While it was a serious mix up. the lawsuit is silly. Though if ANY of the family members made nonrefundable plans then they should be reimbursed from the hospital.
 

Encryptic

Diamond Member
May 21, 2003
8,885
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"Emotional and physical trauma", my ass. :roll:

The doctor or the hospital made a mistake, but they apologized. Just another whiny bitch trying to cash in on a frivolous lawsuit by claiming this "emotional trauma" crap.
 

Curly01

Senior member
Jul 5, 2002
225
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0
I look at it this way, if you received a call that your spouse was dead, how much emotional stress would that put you through? Quit a bit I'd say. But as for suing, I don't know about that. Guess you'd have to be in her shoes.
 

MonkeyK

Golden Member
May 27, 2001
1,396
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While I'm all for legal recourse, we have to accept that people just make mistakes. This mistake did not kill or really hurt anyone. There is no lesson to be learned. There is nothing to be gained from suing (except some money for the "victims").

A reasonable judge should throw this out.
 

Titan

Golden Member
Oct 15, 1999
1,819
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The lawsuit is justified, people can sue for emotional damages, happens all the time. Now wether she deserves to win is a matter for the courts to decide.

I don't like frivilous lawsuits any more than the next guy, but fair play has to win over. There's no law against frivilous lawsuits yet, and I think there should be. It will be a wonderfully ironic day (hopefully in my lifetime) when someone sues someone else for a frivilous lawsuit.
 

Trey22

Diamond Member
Oct 31, 2003
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It was a mistake, an honest one it seems. No way this goes to court and even if it does, it will be thrown out. Ridiculous really.
 

Phoenix86

Lifer
May 21, 2003
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Originally posted by: Encryptic
"Emotional and physical trauma", my ass. :roll:

The doctor or the hospital made a mistake, but they apologized. Just another whiny bitch trying to cash in on a frivolous lawsuit by claiming this "emotional trauma" crap.
For a lawsuit to be justified there must be liability and damages. Mistakes=liability. So it's only a matter of damages.

No emotional trauma from being told your husband/wife is dead? Please. You people must not have SOs you care about...

It's not like they said 'sorry, he dead... no wait, wrong patient.' it was several hours after. They called family members, started the funeral process, etc.

This case is VERY justified, the amount of damages, however, shouldn't be 'massive,' but there ARE damamges.
 

Titan

Golden Member
Oct 15, 1999
1,819
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I don't want to start flaming like this is P&N, but the OP asked is the lawsuit justified. Not if she should win any money; I think she shouldn't. What I'm hearing everyone say is that it was a mistake. So the general reasoning is that people should not be sued for making mistakes because they apologized? That's plain dumb. Doctors make mistakes all the time, apologize for them, but shoudl pay for leaving a pair of forceps in your chest cavity.

It just sounds like people are jumping to conclusions. Put away the mat folks.
 

UDT89

Diamond Member
Jul 31, 2001
4,529
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when did this happen? i live on long island and didnt hear about this. was it today?
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
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Frivilous. There should be a legal requirement that lawsuits must contain actual financial damages in addition to emotional damages.
 

People will sue over anything.

"OMG YOU KNOCKED MY SONS ICE CREAM CONE TO THE GROUND, SEE YOU IN COURT!"
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
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Originally posted by: CPA
Originally posted by: faenix
No excuse for a hospital to screw up.

Not necessarily a justification to sue though. And it wasn't the hospital that screwed up, it was their family doctor who did.

This case is frivilous and should be thrown out on it's ear.

exactly.

and no matter who or what or when, mistake WILL happen. It is unavoidable.
 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
1
81
Originally posted by: tkotitan2
I don't want to start flaming like this is P&N, but the OP asked is the lawsuit justified. Not if she should win any money; I think she shouldn't. What I'm hearing everyone say is that it was a mistake. So the general reasoning is that people should not be sued for making mistakes because they apologized? That's plain dumb. Doctors make mistakes all the time, apologize for them, but shoudl pay for leaving a pair of forceps in your chest cavity.

It just sounds like people are jumping to conclusions. Put away the mat folks.

They should pay for damages, not "for leaving a pair of forceps in your chest cavity". Damages. A mistake made which harms you personally is not (or, at least, shouldn't be) a licence to get rich quick.
 

UDT89

Diamond Member
Jul 31, 2001
4,529
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its like your father is alive, be happy. Enjoy the time he's alive, b/c after reading his condition looks like the real thing could happen real soon.


has he been in the hospital a long time?

This story makes me sick to be honest, the doctor probably feels like crap and this family is putting him down like hes a moron. It wasnt him who screwed up it was the nurse.

The poor dad cant talk, walk, or anything. how can he have physical pain?
 

Phoenix86

Lifer
May 21, 2003
14,644
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OK, so are you people are excusing the mistake because he said sorry, or because there was no 'physical harm?'
 

Meep

Junior Member
Jan 9, 2002
23
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It really does seem like they are either suing to cash in, or just to spite the hospital/physician. As stated in the article, they were fully aware he could pass away, and it seemed like they were able to cope with it just fine. It almost sounds as if she got more emotional stress from finding out he wasn't dead than finding out he did die. Such a situation could be possible as it is difficult to readjust after having already coped with the loss. Hopefully, this will not affect the hospital. I do not believe the "victims" deserve monetary payment. We can only hope the judge sees it this way as well. (Unless they were suing for monetary losses directly related to the event. Getting hundreds of thousands for "uncontrollable diabetes" is ridiculous.)

As for the previous posts about how much we pay to the hospital, realize that while what we pay may seem like a large amount, it does not compare to how much money is actually required when a person is hospitalized. Most of that derives from insurance and if not, tax payers.