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I would be suing the shiznit out of this hospital too! Ouch!

HumblePie

HumblePie

Lifer
http://losangeles.cbslocal.com/2012...e-hospital-over-excrutiating-catheter-mishap/

Custodial worker trips over the hoses attached to this guy which included the catheter. Rips it right on out. Gregory Harry, was a quadriplegic, but I guess if that's gone would he be considered quintaplegic?

happy_face_scared_hg_clr.gif
 
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Yeah, I like to sue for everything. Even if its an honest accident, might as well get paid. FFS I hate this country sometimes.

It's tragic for the patient but come on, how was this anything but a plain accident. Can't anyone make an honest mistake anymore?
 
xBiffx said:
Yeah, I like to sue for everything. Even if its an honest accident, might as well get paid. FFS I hate this country sometimes.

It's tragic for the patient but come on, how was this anything but a plain accident. Can't anyone make an honest mistake anymore?
Click to expand...

Let me rip your catheter out on accident. I'm sure you'll be singing a different tune.. at least possibly on a higher octave.
 
HumblePie said:
Let me rip your catheter out on accident. I'm sure you'll be singing a different tune.. at least possibly on a higher octave.
Click to expand...

Sure, I wouldn't want this to happen to me or anyone but its high time people realize that life isn't fair and shit happens. Too bad we have let bottom feeding lawyers and politicians run amok in this country. Now you can sue for just about anything. The custodial worker was doing their job and accidentally tripped on the patients tubes. Perhaps they could have been more careful but hindsight is 20/20. Perhaps the tubes should have been routed as to not be able to trip on them. Again, hindsight is 20/20. Shit happens.

Mistakes != negligence unless you are trying to say that everyone is perfect and anytime they are not, they should be punished.
 
xBiffx said:
Yeah, I like to sue for everything. Even if its an honest accident, might as well get paid. FFS I hate this country sometimes.

It's tragic for the patient but come on, how was this anything but a plain accident. Can't anyone make an honest mistake anymore?
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what does this have to do with the entire country for fucks sake as you say?

Seems to me your using an ideological litmus test on every issue. Seems to me your the one with the problem.
 
manimal said:
what does this have to do with the entire country for fucks sake as you say?

Seems to me your using an ideological litmus test on every issue. Seems to me your the one with the problem.
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Are you oblivious to the news lately? There are stories, almost daily of some dipshit suing someone. A lot of times its over an honest mistake or their own negligence or idiocy. But since we have made suing people a past time in this country, it is now basically as much of our culture as hot dogs and hamburgers.

So sorry if I see another story about some unfortunate soul abusing the already clogged legal system in this country to right an honest wrong through money. Is money going to make it like it never happened? Would money ever do that? Same shit different day I guess.
 
xBiffx said:
Are you oblivious to the news lately? There are stories, almost daily of some dipshit suing someone. A lot of times its over an honest mistake or their own negligence or idiocy. But since we have made suing people a past time in this country, it is now basically as much of our culture as hot dogs and hamburgers.

So sorry if I see another story about some unfortunate soul abusing the already clogged legal system in this country to right an honest wrong through money. Is money going to make it like it never happened? Would money ever do that? Same shit different day I guess.
Click to expand...

Just as I said, you only see what you want to see. Its ok your not alone.
 
xBiffx said:
Yeah, I like to sue for everything. Even if its an honest accident, might as well get paid. FFS I hate this country sometimes.

It's tragic for the patient but come on, how was this anything but a plain accident. Can't anyone make an honest mistake anymore?
Click to expand...

you do know that there is a balloon at the end of the catheter that keeps it inside the badder to keep it from sliding out right?

to rip that tube out with that balloon inflated will cause serious injury.
 
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xBiffx said:
Tell me what I am missing here then. Since you seem to not miss anything. What exactly is a lawsuit going to do at this point?
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The point is that isolated issues like this does not mean there is an endemic problem with the entire country. The point is too many people use things like this to justify their ideological magical thinking.


Its like demonizing planned parenthood because some idiot showed up wearing a pimp suit. While the legal system has its faults it for the most part is fairly effective. The problems we have in the legal system have been exacerbated by your line of thinking. See mandatory minimums..


I will be the first to say sure there may be some frivolous lawsuits but the fake outrage out there these days being touted by so called tort reformers is nothing more than hyperbole.
 
xBiffx said:
Yeah, I like to sue for everything. Even if its an honest accident, might as well get paid. FFS I hate this country sometimes.

It's tragic for the patient but come on, how was this anything but a plain accident. Can't anyone make an honest mistake anymore?
Click to expand...

Honest accidents do not preclude negligence.

What I'm interested to hear is how either the worker wasn't negligent by tripping over that hose, or why the hospital/other workers weren't negligent in placing hoses in areas where someone minding their own business could cause that much damage as part of a routine mishap.
 
Yeah I gotta disagree with you on this one Biff. There is a difference between frivolous lawsuits and suing over real damages. If a contractor building your house accidentally forgot to secure a support beam, causing your house to collapse and destroy all your possessions, you damn well bet I'd sue for damages. It doesn't matter if was an accident. What if the janitor tripped over instead of a catheter wire, the power cord for your life support or monitoring equipment?
 
The whole point of the legal system is to allow people to settle grievances and damages in a fair and impartial court. The problem we have today isn't so much that frivolous lawsuits exist - the problem is that legal representation has become too expensive which makes settling out of court less costly and risky (which promotes more frivolous lawsuits).
 
xBiffx said:
Sure, I wouldn't want this to happen to me or anyone but its high time people realize that life isn't fair and shit happens. Too bad we have let bottom feeding lawyers and politicians run amok in this country. Now you can sue for just about anything. The custodial worker was doing their job and accidentally tripped on the patients tubes. Perhaps they could have been more careful but hindsight is 20/20. Perhaps the tubes should have been routed as to not be able to trip on them. Again, hindsight is 20/20. Shit happens.

Mistakes != negligence unless you are trying to say that everyone is perfect and anytime they are not, they should be punished.
Click to expand...

Actually, negligence = avoidable mistake causing foreseeable injury. This was a foreseeable and avoidable injury.

The principle here is that he who causes the injury, pays for the injury. It's also known as the basic principle of self-responsibility. No one is asking anyone else to pay them when they injured themselves or were injured by chance (i.e. an act of God.)

That said, I don't understand how a quadriplegic who uses a catheter to urinate due to paralysis is in "excruciating pain" from this.

- wolf
 
QuantumPion said:
Yeah I gotta disagree with you on this one Biff. There is a difference between frivolous lawsuits and suing over real damages. If a contractor building your house accidentally forgot to secure a support beam, causing your house to collapse and destroy all your possessions, you damn well bet I'd sue for damages. It doesn't matter if was an accident. What if the janitor tripped over instead of a catheter wire, the power cord for your life support or monitoring equipment?
Click to expand...

That is completely different. No one forgot anything in this case. Just someone tripped. If you want to have a more accurate comparison, it would be that the contractor slipped when placing the beam and it fell and crushed some stuff. The contractor would have to pay for what they broke, they have insurance for this type of thing.

Same exact thing applies here. The hospital already is probably paying for the bills to cover the damage they did. The lawsuit is nothing more than looking for more money to get "rich". That money doesn't cover anything that hasn't already been paid for and it doesn't fix anything either.

This assumes that the hospital is paying for the bills in the first place. If not, I could see suing for those but this looks more like an ambulance chaser looking for a payday.
 
woolfe9999 said:
Actually, negligence = avoidable mistake causing foreseeable injury. This was a foreseeable and avoidable injury.

The principle here is that he who causes the injury, pays for the injury. It's also known as the basic principle of self-responsibility. No one is asking anyone else to pay them when they injured themselves or were injured by chance (i.e. an act of God.)

That said, I don't understand how a quadriplegic who uses a catheter to urinate due to paralysis is in "excruciating pain" from this.

- wolf
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This is more than just the hospital paying the bills and paying for the injury. If all they were being sued for was the medical bills, fine. This goes above and beyond correcting a mistake, as is the case with most frivolous cases.

I also agree with your question as well. The article also said "loss of functionality" as if that wasn't the case before the accident. He had to use a catheter to urinate, doesn't that indicate loss of functionality already?
 
eskimospy said:
Honest accidents do not preclude negligence.

What I'm interested to hear is how either the worker wasn't negligent by tripping over that hose, or why the hospital/other workers weren't negligent in placing hoses in areas where someone minding their own business could cause that much damage as part of a routine mishap.
Click to expand...

How do we know that the hospital did route the tubing correctly and the patient rerouted it due to discomfort? I have run into this on two separate occasions while relatives were in the hospital. They put patient comfort second to their own liability and its mostly do to BS shit like this.

Not saying this is the case here but who knows. The hospital could have done their job and still, accidents happen.
 
xBiffx said:
This is more than just the hospital paying the bills and paying for the injury. If all they were being sued for was the medical bills, fine. This goes above and beyond correcting a mistake, as is the case with most frivolous cases.

I also agree with your question as well. The article also said "loss of functionality" as if that wasn't the case before the accident. He had to use a catheter to urinate, doesn't that indicate loss of functionality already?
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Wow are you making a lot of assumptions without information. We have no idea if the hospital paid for the damage it did or not. We also have no idea as to the prior state of his infirmity or how it relates to his situation now. Why on earth would you speculate that a lawsuit was frivolous without having any clue as to the actual details? (this reminds me of all the people who proclaimed the McDonalds coffee lawsuit frivolous until they learned the actual details)

What do you mean 'just someone tripped'? You don't think it's negligent to have medical equipment positioned in a way so that if someone just routinely trips it tears vital medical devices out of the bodies of nearby patients? That sounds like the guy has a case to me. Secondly, why would you be okay with a hospital paying for the damage they did if you consider the lawsuit to be frivolous? Frivolous means without purpose or value. If that's the case, then why is the hospital supposed to pay for medical damages without purpose or value?
 
xBiffx said:
How do we know that the hospital did route the tubing correctly and the patient rerouted it due to discomfort? I have run into this on two separate occasions while relatives were in the hospital. They put patient comfort second to their own liability and its mostly do to BS shit like this.

Not saying this is the case here but who knows. The hospital could have done their job and still, accidents happen.
Click to expand...

We have no idea, which of course was my whole point. You're the one declaring this lawsuit frivolous, not me. It seems to me like you saw a medical lawsuit, decided that they are bad, and are now searching for reasons why. If you have evidence that this lawsuit is frivolous, present it. If you don't, take back the accusation.
 
eskimospy said:
We have no idea, which of course was my whole point. You're the one declaring this lawsuit frivolous, not me. It seems to me like you saw a medical lawsuit, decided that they are bad, and are now searching for reasons why. If you have evidence that this lawsuit is frivolous, present it. If you don't, take back the accusation.
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I declare this frivolous because it was dismissed once and the only reason it was brought back was:

The appellate justices cited the difference of opinions from various experts as a reason the case should not be dismissed.
Click to expand...

There is going to be a difference of opinion in nearly every single matter brought before a court. This is not a reason to grant an appeal and reverse a ruling. Stupid is as stupid does.

Also:

Orange County Superior Court Judge Franz Miller granted a motion for summary judgment filed by the medical center's attorneys, who cited experts who said the incident did not fall below the standard of care.
Click to expand...

This was the original ruling. This seems to be true since no one did anything on purpose to lower his care. This was simply an accident and should be treated as such. The hospital should pay his medical bills and nothing more.
 
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xBiffx said:
Yeah, I like to sue for everything. Even if its an honest accident, might as well get paid. FFS I hate this country sometimes.

It's tragic for the patient but come on, how was this anything but a plain accident. Can't anyone make an honest mistake anymore?
Click to expand...

think you'll like this story.
 
xBiffx said:
I declare this frivolous because it was dismissed once and the only reason it was brought back was:

There is going to be a difference of opinion in nearly every single matter brought before a court. This is not a reason to grant an appeal and reverse a ruling. Stupid is as stupid does.
Click to expand...

Nice, more totally unfounded speculation. Not all lawsuits that are dismissed are frivolous. What if the disagreement between the experts had merit? You clearly have absolutely no idea as to any of the details of this case and yet you jumped right out of the gate calling it frivolous. This is completely ridiculous.

EDIT: Clearly the appeals court found that ruling to be incorrect. That's the entire point of appeals courts.
 
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