Comments on: Two docs pay for child’s death — but who actually made fatal mistake?

By: Robin

Robin — Wed, 27 Jan 2010 21:46:51 +0000

I am in the medical field and have been for too many years to count. I feel sorry for the loss of a child, but there are risks that are taken to try to make the person better, but it seems in this day and age if things don’t work out lets sue. This is the reason malpractice insurance has skyrocketed and some doctors had to leave their field as they can no longer afford this insurance. No one should take things lying down, but things are out of our control. There is a higher being in force.

By: Dave

Dave — Wed, 27 Jan 2010 16:23:48 +0000

The bottom line from all (most) of the very inciteful comments above seems to boil down to this: While the majority of folks commenting on this incident seem to be able to agree on what the reasonable outcome should have been in this case, it is not a surprise that the actual outcome was radically different. The commentaries above have nicely listed the reasoning quite well and completely. Tort reform will not happen with the congress as it sits now, and this case is only an example of the unquestionable disfunction of the entire body. We need to vote the disfunctional, self-interested bums (of both parties) that serve nobody but themselves out of office before they do worse damage (if that is possible). We also need to let our representatives know WHY we are booting them out, and let the incoming know that they are on notice. Frankly, if we tolerate letting narcisists represent us, we are all to blame.

By: Ray

Ray — Wed, 27 Jan 2010 14:06:03 +0000

And yet you don’t sue your “mechanic” when he fixes your car and either a totally new problem crops up right after you get it back or he fixed it wrong, or he didn’t fix the problem the first time at all. You complain, you might go back to the same mechanic again or you might go to another mechanic.

My point is exactly as I stated, bad outcomes do not equal malpractice. Until Americans get that into their head, that just because mom died doesn’t mean someone must pay, we will never move forward. Tort reform is critical to healthcare reform.

By: Stephen

Stephen — Tue, 26 Jan 2010 19:56:04 +0000

There is not enough information to form a viable opinion other than the fact that a jury felt there was enough evidence to assign liability if not guilt. Doctors are in general mechanics, one in a million is a “marvel” if that….more often than not, they are the lesser of two evils

By: Ray

Ray — Fri, 22 Jan 2010 14:05:13 +0000

Bad outcomes do not equal malpractice.
Hiding a known problem or complication does.
I would not think that it would be routine to do a scan or angiogram of the brain following heart surgery.
Google or wikipedia Tetrolagy of Fallot. It is congenital complex heart disease. Cases like this remind me of a patient who sued (and won, later overturned) a hospital in Philadelphia for the loss of her psychic powers following a CT scan of her brain. No, we don’t need tort reform…

By: Karl

Karl — Fri, 22 Jan 2010 00:18:57 +0000

We need tort reform in the U.S. This is only one small example. Because most legislative bodies, and the courts are run by the same cabal of lawyers this problem will continue to get worse. It has reached the point where one can be completely irresponsible be injured and have a very good chance of getting a good judgement. The legal system is no longer fair, balanced, or impartial.

By: Kevin

Kevin — Thu, 21 Jan 2010 23:34:07 +0000

Agree with Emmit, but with an addition. Is Tetrology of Fallot a congenital defect or hereditary? In either case with the parents think that someone is responsible, can a lawyer representing the desceased child bring a lawsuit against the parents for the fact that the child had the defect? I feel bad for their loss…but apparently we are guarenteed health and wealth in this country.

By: LMS

LMS — Thu, 21 Jan 2010 16:28:27 +0000

If the physician(s) Knew about the piece of metal, Should have known about the piece of metal or Could have known about the piece of metal………………..then s/he or they are guilty of malpractice.
If none of those facts can be proven then………………how are they at fault

By: LORRAINE

LORRAINE — Thu, 21 Jan 2010 15:58:31 +0000

i feel that the doctors should or technicians should check all equipment before any procedure is it is both their responsibiliites so the tech’s and doctors are at fault because i used to buils x-ray machines back in the 1980′s in connecticut for picker corporation and if parts and wires were not right we were written up or fired so both are wrong

By: Steven

Steven — Thu, 21 Jan 2010 15:47:46 +0000

Once again, emotions prevail. All patients want 100% safety and success in a system that can’t possibly deliver it. There was no malpractice here. A device was used, it broke, a small piece of metal travelled to the brain and caused a death. A broken device is not a hospital’s fault, a doctor’s fault or a manufacturer’s fault, it is an accident. Unfortunately, some lawyer is going to receive at least $5 million of the settlement. Could their hourly billings truly account for that sum? That’s 10x the average annual salary for a CV surgeon who operates on over 100 patients a year. Does the payment of this money fix this tragic loss? Does this ease the family’s pain? I doubt it. Does this “punish” the hospital and doctors? It only makes them want to stop trying to fix unfortunate problems when the risk is very high. Given the place where this child was cared for, I find it hard to believe that they did not receive the very best of care and simply have an unfortunate outcome with no “fault” to any party involved.