Jahi McMath case used as Consumer Watchdog fundraising tool
Source: SFGate
The case of Jahi McMath, the 13-year-old girl who was declared brain-dead after a tonsillectomy at Children's Hospital Oakland, is now the centerpiece of a political fundraising effort aimed at lifting California's $250,000 cap for pain and suffering awards in medical malpractice cases.
Consumer Watchdog, a Southern California nonprofit that has teamed up with the state's trial lawyers on a proposed November ballot initiative to lift the limit, just sent out a mailer to supporters saying, "Hospitals like Children's actually have an incentive to let children like Jahi die.
"If children who are victims of medical negligence live, hospitals are on the hook for medical bills for life, which could be millions," the letter says.
The letter from Consumer Watchdog President Jamie Court asks for "whatever tax-deductible contribution you can make" to help with its "patient safety work" and to qualify the initiative to raise the malpractice limit.
Read more: http://www.sfgate.com/bayarea/matier-ross/article/Jahi-McMath-case-used-as-Consumer-Watchdog-5123174.php
If the ventilator had been removed, then an autopsy could have shown the cause of death. The longer she's been on the rventilator, the more any physical evidence has deteriorated and disappeared completely. How can they prove medical malpractice now?
It was not in "the hospital's best interest" to remove the ventilator. It was in everybody's best interest. She is not now and never was going to recover. Her parents have taken on potentially huge expenses while being fed false hope. And they'll be left with their claims against the hospital's logs of what care was given, along with what instructions were given, and any evidence they may or may not have of instructions not being followed.
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AtheistCrusader
(33,982 posts)Wasn't this case already sad enough, without trying to maliciously spin blame against the hospital? To invent 'motive' that doesn't even make sense?
magical thyme
(14,881 posts)Personally, I think it is utterly contemptuous of the people who put themselves through grueling training and run their asses off every day trying to save people's lives.
davidpdx
(22,000 posts)The entire thing was a set up from the beginning. They used the family and the girls case for publicity for the ballot measure. Very very sick!
cosmicone
(11,014 posts)and its cap of $250K on pain and suffering. We have all benefited from that law.
If that cap were to be removed, it may become impossible for doctors to get malpractice insurance. If they do get it, the costs will be astronomical and will be passed on to consumers.
What is even worse is that doctors would practice "defensive medicine" to cover their asses and order unnecessary tests and/or admit people to the hospital for minor things.
California doctors already pay about $30K on average per year for malpractice insurance with some specialties like OB/GYN and Orthopedics paying as much as $120K a year.
I think malpractice insurance should be reformed and be much like car rental insurance. Patients choose to have it or not at the time of admission/office visit and pay for it if they choose to have it.
OrwellwasRight
(5,170 posts)Fact is, CA and TX both have severe restrictions on med mal cases, and neither has reduced med mal insurance rates. Insurance companies jack rates no matter what. That is what the evidence shows.
cosmicone
(11,014 posts)California malpractice insurance rates have been held down substantially as compared to other states. They are three times as much in Florida and NY for example.
Gormy Cuss
(30,884 posts)Surely that's not too much of an imposition.
cosmicone
(11,014 posts)Does the value of pain and suffering go up with time?
Was the pain of losing a family member or having back pain only $1 back in 1802?
Remember that if someone cannot work due to pain, loss of wages are paid at full actuarial value.
Gormy Cuss
(30,884 posts)If 250K was considered a reasonable limit nearly 40 years ago, then 1M is a reasonable limit now. Since such lawsuits are done on contigency, a person with potential for low actual damages may not be worth the effort for the attorney given that ridiculously low cap on pain and suffering.
OrwellwasRight
(5,170 posts)They only started stabilizing after Prop. 103 created an insurance commissioner and gave him or her the right to regulate insurance rates--not after MICRA. Know your topic.
http://www.consumerwatchdog.org/five-dangerous-myths-about-californias-medical-malpractice-restrictions
cosmicone
(11,014 posts)OrwellwasRight
(5,170 posts)Take away the penalties for negligence and see how much preventable errors rise.
cosmicone
(11,014 posts)How many ambulance chaser commercials do you see on TV as opposed to doctors advertising?
The ambulance chasers are just out looking for frivolous lawsuits to make a buck.
The doctors on the other hand are policed vigorously by the medical staff, mortality and morbidity committees and the medical boards.
Who will save your life in an emergency if there is a trial lawyer out to second guess every good-faith decision? Will the trial lawyer come and do CPR? Provide advanced life support? Do trauma surgery?
OrwellwasRight
(5,170 posts)Hardly. Just like the blue line with cops, doctors keep their mouths shut when they know other doctors were negligent, because they expect the same protection when they screw up. why do you think there are only a handful of doctors in the country that will testify against other doctors? "cause their all perfect? Hardly.
Good faith decision my ass. It's proven that they prescribe MRIs and CT scans when x-rays will do just because they have the machines in the ofice and insurance companies reimburse higher rates for those procedures. Likewise with unnecessary back surgeries, which have been proven not to work. and giving hip replacements to 95 year olds with terminal cancer. Medicare and Medicaid pay billions a year on overpayments for unneeded and sometimes even undelivered treatments. But yes, by all means, let's remove the only incentive that doctors have not to screw up. Let's absolve them from any responsibility, ever.
Third leading cause of death in America?
http://www.npr.org/blogs/health/2013/09/20/224507654/how-many-die-from-medical-mistakes-in-u-s-hospitals
Unnecessary MRIs
http://www.news-medical.net/news/20130917/Medical-imaging-self-referral-leads-to-unnecessary-imaging-examinations.aspx
http://www.gao.gov/products/GAO-12-966
Fraud
http://www.businessweek.com/ap/2014-01-16/report-health-care-fraud-cases-hit-high-last-year
Wrong site surgery (not getting better, but totally preventable) (by the way, the second article says the FL Medical board didn't take licenses away from docs with 50 or more malpractice suits -- so much for vigorous policing)
http://www.washingtonpost.com/national/the-pain-of-wrong-site-surgery/2011/06/07/AGK3uLdH_story.html
http://www.nytimes.com/1995/09/17/us/doctor-who-cut-off-wrong-leg-is-defended-by-colleagues.html?pagewanted=2&src=pm
Here's a kicker: doctors refuse to was their fucking hands!
http://www.nytimes.com/2010/03/09/science/09conv.html?hpw&_r=0
cosmicone
(11,014 posts)I doubt anyone could change your mind.
I stand by my previous post.
Good bye.
OrwellwasRight
(5,170 posts)Just can't stand sanctimony, lack of evidence, failure to address the prevalence of avoidable medical mistakes, and the failure of the medical community to take responsibility for its own screw-ups.
cosmicone
(11,014 posts)
OrwellwasRight
(5,170 posts)
Nanjing to Seoul
(2,088 posts)When will this tragic and sad story end and that poor girl just be allowed to go?
davidpdx
(22,000 posts)I'm guessing this lawyer said something along the lines of "I'll represent you for free now and then we'll sue the hell out of the hospital and you can pay me my percentage then".
magical thyme
(14,881 posts)due to the hospital not inserting a feeding tube and only giving her "sugar water," and implying that she's improving now.