Do you think this lawsuit is justified?

[rh71]

the hospital should be responsible for *something* in return... but a large sum of money isn't it... how much are they suing for ?

 

[isasir]

Originally posted by: UDT89
when did this happen? i live on long island and didnt hear about this. was it today?

I saw this article in today's Newsday. I assume the incident happened last month, and in the past few days is when the lady filed the lawsuit.

 

[Encryptic]

Originally posted by: Phoenix86

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.

I'm not disputing the fact that it would be upsetting. However, suing the hospital over a mistake like that smacks of trying to cash in. The article even points out that it wouldn't have been a surprise to the family if the guy HAD died after all.

How does suing the hospital make things better for anyone in the end? I guess only a big fat settlement will heal all wounds.... :roll:

 

[BigToque]

Originally posted by: Phoenix86

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.

I dont think "emotional damage" should be classified as damage that can be used in court. To sue because their feelings were hurt just isn't acceptable to me. I think that the screw up is something that should be looked at. As professionals they have a responsibility to be accurate in everything they do. If procedure needs to be reviewed and changed, so be it. A sincere apology is all that is needed.

I agree that if some non-refundable arrangements were made that they should be re-imbursed though.

 

[Phoenix86]

Originally posted by: Encryptic

Originally posted by: Phoenix86

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 damages.

I'm not disputing the fact that it would be upsetting. However, suing the hospital over a mistake like that smacks of trying to cash in. The article even points out that it wouldn't have been a surprise to the family if the guy HAD died after all.

How does suing the hospital make things better for anyone in the end? I guess only a big fat settlement will heal all wounds.... :roll:

We are a capitalist society, the method for saying your 'sorry' is money. I'm not advocating a 'big' settlement, but A settlement is in order, there WERE damages, albeit, emotional. Upsetting, emotional stress, emotional damage, psychological trauma, where do you draw the line and how?

What would you suggest be given in exchange to make things 'right' other than money?

It's totally irrelevant how close to death he was for liability, however that could affect damages. IE they will get less $ because he was almost dead and it's should have been that much trauma. Sad, but true.

I dont think "emotional damage" should be classified as damage that can be used in court.

That's quiet nieve, go do some case study. Emotional damages can FAR exceede physical damages. Also, look up the damages cause by emotional trauma.
Here's one I think all men could all relate to...

A sincere apology is all that is needed.

You seem to devalue emotional trauma to the point of nothingness. Why wouldn't this apology cover physical damages (non-refundable costs and such) as well? I mean it's an accident and he was sorry, right?

EDIT: Isn't pain and suffering the LARGEST portion of a settlement? Doesn't that mean is't valued MORE than physical damages?

 

[yukichigai]

"Your baby is dead!"
*gasp*
"Dead tired of high-priced babyproofers who don't offer an estimate." 😛

If there was some malice in this, yeah. But this was a clerical mixup. Nobody got hurt, nobody died because of it.

 

[Mill]

Justified by our law? Basically yes. Justified by me? Hell no.

 

[BigToque]

Originally posted by: Phoenix86

Originally posted by: Encryptic

Originally posted by: Phoenix86

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 damages.

I'm not disputing the fact that it would be upsetting. However, suing the hospital over a mistake like that smacks of trying to cash in. The article even points out that it wouldn't have been a surprise to the family if the guy HAD died after all.

How does suing the hospital make things better for anyone in the end? I guess only a big fat settlement will heal all wounds.... :roll:

We are a capitalist society, the method for saying your 'sorry' is money. I'm not advocating a 'big' settlement, but A settlement is in order, there WERE damages, albeit, emotional. Upsetting, emotional stress, emotional damage, psychological trauma, where do you draw the line and how?

What would you suggest be given in exchange to make things 'right' other than money?

It's totally irrelevant how close to death he was for liability, however that could affect damages. IE they will get less $ because he was almost dead and it's should have been that much trauma. Sad, but true.

I dont think "emotional damage" should be classified as damage that can be used in court.

That's quiet nieve, go do some case study. Emotional damages can FAR exceede physical damages. Also, look up the damages cause by emotional trauma.
Here's one I think all men could all relate to...

A sincere apology is all that is needed.

You seem to devalue emotional trauma to the point of nothingness. Why wouldn't this apology cover physical damages (non-refundable costs and such) as well? I mean it's an accident and he was sorry, right?

In this case, the doctor made an honest mistake. The apology wouldn't cover the "non-refundable costs" because they were directly incured as the result of the doctor told them.

If you get in a car accident, you should be able to sue for the cost of physical damage of the vehicle, lost wages and therapy. You shouldn't get to get extra money because the accident shook you up and made you scared.

I certainly do not devalue the effects of emotional trauma, but it's not something you should be able to sue for.

 

[Wuffsunie]

Wife over-reacted big time. The doctor realized his mistake, called to correct it, and apologized profusely. It's not like they lost any money or were presented with the wrong body or anything. Moneygrubber.

 

[Yo Ma Ma]

I do think the lawsuit has some merit. When it comes to passing along some info like "your husband is dead," the doctor should really make sure he has the names straight. These are older people and they are kind of fragile, I am thinking if my mom had to hear this info, start making the death calls, freaking out, etc., all because the doctor mixed up his patients... well I think it would truly take a toll on her health.

Younger people can recover more quickly and I would not be as supportive of a lawsuit in that situation.

 

[SuperTool]

I think the lawsuit is justified. I doubt the award will be justified.

 

[classy]

Originally posted by: SampSon

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.

What? Let someone call your gf, wife, or family and tell them your dead. This is very serious. Man folks have ended up in the hospital, had nervous breakdowns, and even died from emotional stress caused by the passing of a loved one. If even for an hour or two, the emotional pain can be overwhelming. There is no excuse for this at all. They should be sued. This is horrible.

 

[mugs]

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.

He was going by what the nurse told him, and I'm sure she's an employee of the hospital.

I agree that the case should be thrown out on its ear.

 

[jkasmann]

Originally posted by: classy

Originally posted by: SampSon

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.

What? Let someone call your gf, wife, or family and tell them your dead. This is very serious. Man folks have ended up in the hospital, had nervous breakdowns, and even died from emotional stress caused by the passing of a loved one. If even for an hour or two, the emotional pain can be overwhelming. There is no excuse for this at all. They should be sued. This is horrible.

Many folks have.....just not this one. In fact, her lack of real problems allowed her to head straight to the attorney's office.

 

[Phoenix86]

Originally posted by: Stefan
I certainly do not devalue the effects of emotional trauma, but it's not something you should be able to sue for.

Well, in the US legal system, it most definatly is...

That's also a double standard, you don't devalue emotional trauma, so it has value, but not in this case... for some reason...

So I guess if you suffered emotional trauma enough to make you have erectile dysfunction, you would be ok with that? The person who caused that trauma wouldn't own you anything. Riiiiiight... I call MAJOR BS, you would be at the courts door as fast as due process would allow.

Can anyone answer my questions about pain and suffering in regard to damages? Is it the largest portion of many settlements?

edit: this will never make it to court, there is no way a hospital would want that story being told to jurors, it will be settled out of court if they are smart.

 

[BigToque]

Originally posted by: Phoenix86

Originally posted by: Stefan
I certainly do not devalue the effects of emotional trauma, but it's not something you should be able to sue for.

Well, in the US legal system, it most definatly is...

That's also a double standard, you don't devalue emotional trauma, so it has value, but not in this case... for some reason...

So I guess if you suffered emotional trauma enough to make you have erectile dysfunction, you would be ok with that? The person who caused that trauma wouldn't own you anything. Riiiiiight... I call MAJOR BS, you would be at the courts door as fast as due process would allow.

Can anyone answer my questions about pain and suffering in regard to damages? Is it the largest portion of many settlements?

edit: this will never make it to court, there is no way a hospital would want that story being told to jurors, it will be settled out of court if they are smart.

So if someone tells me I suck under the sheets and I can't get an erection anymore because of "emotional trauma" I should be able to sue that person?

 

Originally posted by: classy

Originally posted by: SampSon

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.

What? Let someone call your gf, wife, or family and tell them your dead. This is very serious. Man folks have ended up in the hospital, had nervous breakdowns, and even died from emotional stress caused by the passing of a loved one. If even for an hour or two, the emotional pain can be overwhelming. There is no excuse for this at all. They should be sued. This is horrible.

Yea because we know money fixes everything. Mabey the enjoying the suffering of others when the doctor or other hospital staff gets fired will heal thoes deep emotional wounds.
There is no excuse for a mistake? How does the world keep turning with all these mistakes we make daily?

Sorry, I fail to see any reason why this lady should have money thrown at her for her emotional trauma.
If anything that shows how ridiculously shallow she, and many other people are. If it's not about the money, why are they sueing in the first place? I'd love to hear her justifications for it.

 

[Dacalo]

A law suit seems like an overreaction, but the hospital did screw up.

Another frivolous lawsuit.

 

[Phoenix86]

Originally posted by: Stefan
So if someone tells me I suck under the sheets and I can't get an erection anymore because of "emotional trauma" I should be able to sue that person?

Hmm, well, you would have to prove they were liable for that... Remember, if you are liable, and there are damages, there is a lawsuit. How you would 'prove' that one has to do with the other would be a BIG strech.

Proving liability that the doctor responsible for the care of your husband/wife should know wether or not his patiend was living is easy. He already admited liability when he said he was sorry... Sorry for what? being wrong. So he was wrong, and in a position to know better. The doc was responsible for his care, very different than the example you gave.

If it's not about the money, why are they sueing in the first place? I'd love to hear her justifications for it.

Have you ever heard the quote that the FAAs policy is written in blood? Meaning that FAA policies (or large sweeping ones) are a direct result of a plane crash involving loss of life. So why did someone have to die to have a change made? Surely they didn't think of the policy until AFTER plane crash, it's much more likely that the policy didn't have traction until someone realized if it was in place the accident wouldn't have happened. Same with the hospitals, maybe next time they will double check before they notify next of kin...

 

[Ausm]

I think if I was in that situation my Ex would have loved that news 😉


Ausm

 

[Rob9874]

I'm 100% against frivilous lawsuits, but this one is justified. If you were told by credible sources that your loved one is dead, that can cause tremendous emotional damage. And 7 hours had passed?!?! Someone needs to pay for that mistake.

 

[OutHouse]

hell yes it is justified. talk about causing undue mental anguish.

 

[dragonballgtz]

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.

The doctor should of put him out of his misery.

 

[BigToque]

Originally posted by: Phoenix86

Originally posted by: Stefan
So if someone tells me I suck under the sheets and I can't get an erection anymore because of "emotional trauma" I should be able to sue that person?

Hmm, well, you would have to prove they were liable for that... Remember, if you are liable, and there are damages, there is a lawsuit. How you would 'prove' that one has to do with the other would be a BIG strech.

Proving liability that the doctor responsible for the care of your husband/wife should know wether or not his patiend was living is easy. He already admited liability when he said he was sorry... Sorry for what? being wrong. So he was wrong, and in a position to know better. The doc was responsible for his care, very different than the example you gave.

Who is to say that the people were not already suffering the "emotional trauma" before they were notified that he had died. They did admit that they didn't think he was going to live. So right there you have to prove that it was the doctors statement that caused the trauma.

 

[Don Vito Corleone]

Originally posted by: Phoenix86
OK, so are you people are excusing the mistake because he said sorry, or because there was no 'physical harm?'

Generally suits for emotional distress, whether deliberate or negligent, have to show at least some physical effects in order to succeed, hence her claim she suffered collateral physical symptoms from this.

In this instance, my initial feeling is that this lawsuit is BS, and should not succeed. Frankly it sounds to me as though the plaintiff is looking for a windfall. I just don't see the damages here.

I think this quote is interesting:

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?'"

Wouldn't your reaction be relief, not anger, in that situation?

I was once told by a young physician that I had a tumor, and she sent me for a biopsy to determine whether it was cancerous. When I went for the biopsy, the surgeon laughed and told me it was just a bursa, and completely harmless. In the meantime, I had spent several hours wrongfully believing I had a tumor, when the doctor should have known it wasn't so. I'll admit I was a little frustrated, but the relief outweighed any anger I felt, and I certainly wasn't going to sue anyone (as it happens this was years before I became an attorney).

FWIW, the notorious McDonald's-coffee lawsuit that so many people point to as an example of frivolous lawsuits had a LOT more merit than this one IMO.