Heart patient's survivors win suit - page 2

A Cook County Circuit Court jury has awarded $2.7 million to the family of a Midlothian man after finding that his 2002 death from heart disease resulted, in part, from medical negligence. The... Read More

  1. by   FroggysMom
    Quote from Marie_LPN
    It's not in fashion right now.

    I totally agree. Patients (not all, but some) seem to feel that the responsibility for their health rests with the doctors and nurses, not themselves. What a sad, litigious state of affairs we have all gotten into.
  2. by   achot chavi
    It is clearly time to sue the court system for allowing frivolous lawsuits to proliferate. Perhaps we have to sue the Patients for Negligence in their own care. Imagive suing your overweight, chain-smoking A-personality client for neglecting his health and thereby creating a high risk for repeated hopital visits! . Perhaps hospitals should make every patient sign a disclaimer that in the event that a patient fails to comply with the plan of care as spelled out by the appointed responsible physician or any paramedical personel( Nutritionist,Physical Therapist, Nurse etc), the patient may not bring a lawsuit against them!
    What we need is to find out how McDonalds succeeded in thwarting the ridiculuos lawsuit from the overweight children, Who was their lawyer?
  3. by   fozzie
    Quote from achot chavi
    Perhaps hospitals should make every patient sign a disclaimer that in the event that a patient fails to comply with the plan of care as spelled out by the appointed responsible physician or any paramedical personel( Nutritionist,Physical Therapist, Nurse etc), the patient may not bring a lawsuit against them
    Unless I'm mistaken, isn't that what the AMA form is for? Of course, it didn't seem to do a lick of good in this case. :stone
  4. by   toadie
    the hospital i work for has produced three ring binders for almost every pt problem/diagnosis there is. these things cost between $7-$10 to produce. they tell the pt exactly what needs to done, s/s, everything. we give them to the pt and they have to sign a form before they leave the hospital stating that they recieved the specific booklet and that they understand all contents.
    its a good idea for pt ed, but its sad that we have to have such a fear of those we care for.
  5. by   flashpoint
    I think I am going to sue my pharmacist...I forgot to take my Levoxyl two days in a row and felt really tired...and I'll sue my dentist next time I get a cavity because I don't always floss as well as I should...and I can't forget my mechanic...my oil change is long overdue and my gas mileage isn't as good as it used to be...



  6. by   smk1
    Quote from fozzie
    Unless I'm mistaken, isn't that what the AMA form is for? Of course, it didn't seem to do a lick of good in this case. :stone
    i don't think the AMA incident is what got the jury riled up. It was the fact that the stress test was ordered 3 weeks out on a patient with a prior history of chest pains etc... The guy died before he was scheduled for a stress test, so the issue was why the test was delayed when it maybe should have been scheduled right away. I see some merit in this, however i don't truly see this as neglect unless some standard of care was breached. The case as a whole doesn't have merit. Maybe though next time a policy should be made about scheduling stress tests etc... It is a shame that this is a such a litigious society.
  7. by   Morning-glory
    I cannot believe that this case stood up in court. And if the ordered test had been sooner, would the patient have gone to have it done?? Begs the question, doesn't it?

    I don't understand why anyone would sue because their loved one was so neglectful of their own health. Are non-medical people so dim as to not recognize a heart attack when they see one? What about this guy's family? They knew he was having chest pain, why didn't they do anything?

    And here in Canada, it wouldn't have even made it to the filing stage. No lawyer would have taken this one on. You're nuts, go away.

    Also, even when the big ones go to court, they don't make a lot of money and the lawyers get paid first, so after fighting for years you might get a year's salary out of it. It's just not worth the hassle.

    It's just unbelievable that this guy's family would get a dime for not getting him to see a doctor. WOW!!!
  8. by   CardiacJennLPN
    The good news is that this isn't always the case. Here in the news recently there was a man who came in for some outpatient procedures where he was give versed, etc. He was told ahead of time that he would need someone to drive him home. When the procedure was finished, he called his family to come meet him so they could drive his car home. His wife said she couldn't make it after all because something had come up. The nurse got on the phone and explained to the wife that there was no way the patient could drive, and that someone would have to pick him up. She still said she couldn't. The staff argued with the man, who said he was going to drive himself home. They even offered to call him a taxi. He got angry, and told them he wanted ama papers. He stormed out of the office, got in his car, and left. The staff called the police to come, but before the police got to him he crashed into a telephone pole and died. The wife sued the office, saying that the doctor should have held him against his will. The court denied her claim. All these non-compliant patients!!! We're taught as nurses to be compassionate, but sometimes I can't help wanting to grab them by the shirt collar and shake them, and ask them "What did you THINK was going to happen?!?" :smackingf
  9. by   mcdmom
    Quote from brian
    A Cook County Circuit Court jury has awarded $2.7 million to the family of a Midlothian man after finding that his 2002 death from heart disease resulted, in part, from medical negligence.

    The jury on Friday had awarded the family of Scott Tracy $5.4 million, ruling his death resulted from negligence on the part of his physician, Lee Freund, and the Midwest Physician Group in Crestwood that employed Freund. The award amount subsequently was halved to account for Tracy's own negligence in his treatment, Robert Napleton, the Tracy family's attorney, said in a news release.

    Full Story: http://www.chicagotribune.com/featur...chi-health-hed


    Wow, what next.......Law suits because we, (the medical staff), don't go to the patient's home and actually take them to the test. This man had a history of acting non-complient, and against doctors orders; according to this news article. I don't know how any reasonable judge could have ruled against the physician knowing these facts.....?
  10. by   Jolie
    Quote from mcdmom

    Wow, what next.......Law suits because we, (the medical staff), don't go to the patient's home and actually take them to the test. This man had a history of acting non-complient, and against doctors orders; according to this news article. I don't know how any reasonable judge could have ruled against the physician knowing these facts.....?

    I believe that is part of the problem. I think this was a jury award, not decided by a judge. Juries made up of non-medical people are too easy to manipulate.

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