Should Duke be sued?

[MattNCSU]

How many of you think the Santilla family have the right to sue Duke Medical?

Lets face it, s**t happens. It's terrible what happened. But, does money really replace a lost loved one? It does seem to fit the trend of past events (9/11 donations). But this will only hurt everyone with rising medical costs. The fact that Jessica was illegal does irritate me though. It seems our country is really bending over backwards to accomidate illegal aliens. Why should an illegal have any rights?:fm:

 

[Ryan]

I feel sorry for her, but if you start sueing everyone because of a mistake, granted a big one...then, this country will be bankrupt soon..........

I always relate things to my car......Parts man ever got you the wrong shit and a complete accident? Thought so.....

 

[slick4_6]

They are illegal aliens. That says it all. Load all of them onto an airplane, fly over their home country, and push them out the door. Screw the parachutes, they dont need em. Now my f***** insurance will go up to pay for their lawsuit.

 

[Higgs Boson]

I haven't heard much on the story but if they are, in fact, illegal aliens, then they have none of the rights outlined in our Constitution. They have the right to live, but not a right to sue, or otherwise. Send them home.

If they are citizens, I am for tort reform so they should not sue the hospital anyways. Some things are just the cost of living. They are lucky that she had the opportunity to be treated here at all.

 

[fryingricecobra]

I feel sorry for their loss and I pray for their family. However,
being illegal means just that. They were breaking a law by being here in the first place. Did Duke not check this out? Also how did they plan on paying for the surgery? Thats a serious question. I haven't read in any articles where it mentions that. Not only did they take 2 sets of organs from us, when asked (after is was declared dead) if they would re-donate the organs she received they refused....WTF is that? Thats a slap in the face if you ask me.

 

[MattNCSU]

a charity is/was covering the expense
Some of the organs couldn't be redonated because some were 'damaged'.

 

[fryingricecobra]

The 2nd set of heart/lung is what they were wanting. They were in good condition. At least thats what the AP said. But we all know the media....

 

[SSCOBRA03]

A 17 year old girl is a 17 year old girl, illegal or not and I feel sorry for her. There is no doubt in my mind that this hospital knew this before her first transplant. This hospital made a mistake by not double checking the organs for a match before the first transplant. I do not believe that the hospital hurt her purposely, but I do believe the family should be conpensated for the loss of their child. I also believe there should be a "cap" on this and all lawsuits.

 

[CobraCallie]

you're kidding me right?! The girl was 17 years old.. she had her life ahead of her. From my memory she wasn't an illegal alien.. I think she was a citizen. Either way.. part of America being so great is that we're willing to help others. If you're 17 year old daughter needed a surgery that was only offered in England.. how would you feel if British citizens were running around saying "dont help her".

It was COMPLETELY the hospital's fault and they need to have reprocussions for their mistakes. Before a transplant there are millions of blood tests done to check blood type. How hard was it to make sure the organs matched the girl's blood type. Because of their stupid mistake.. a family is now lost without their daughter. Medicine is suppose to help... NOT KILL.

 

[Ryan]

Ok Callie, with that thinkign too lets give the illegals the millions of dollars they want because to the Twin Towers being attacked too.....the word 'illegal' mean anything too you. I'm sure there is something you sign or what not telling you the risks. It sucks, but such is life.

 

[CobraCallie]

two different situations.. these parents were trusting their life in the doctors hands.. in surgery there is NO SUCH THING as a mistake. Simple as that..

Go ahead.. ask that girls mom.. ask her if she'd rather have the million dollars or rather have her daughter back..

 

[CobraCallie]

Originally posted by RTStabler51
I'm sure there is something you sign or what not telling you the risks. It sucks, but such is life.

RISKS?! WTF.. a doctors mistake on NOT double checking the blood type is NOT a risk.. a risk is the organs just not working with the other organs in the body..

 

[Outlaw99]

cha-ching!!!!

 

[Higgs Boson]

So who is compensating all the women who go to Mexico to get unapproved in the US drugs/surgery that get hurt or messed up or ripped off? Suddenly it's their mistake.

There are certain risks to having transplants of major organs, multiple organs at the same time. There is not a return on every risk. Even if the girl was a legal citizen, the family should not sue.

Seriously, saying that the family should be compensated for the loss of their daughter is the same as saying the daughter would have worked all her life and given every dime to her parents. You sue for money and money does not restore or create the emotion and ties to a loved one. The girl is gone. Deeply sadddening. But how can you put a price on that? You can't, so DON'T.

 

[Higgs Boson]

RISKS?! WTF.. a doctors mistake on NOT double checking the blood type is NOT a risk.. a risk is the organs just not working with the other organs in the body..

Unfortunatley, that IS a risk. When you are dealing with other people, every move you make is a risk. Not even doctors are perfect, Callie. They are just people. People are extremely imperfect.

 

[CobraCallie]

How hard is it to check TWICE? When it's a life on the line.. I would hope that doctors would be a little bit more careful..

It's like a doctor putting in a heart in the wrong patient.. it was just an accident though.. so.. shit just happens.. oh well. :shrug: I bet you wouldn't have that attitude of "Accidents happen" when it's YOUR daughter that got killed by a TINY mistake like that..

 

[Ryan]

Ok, so lets say the right blood type is put in the first time.......is there a risk her body would have rejected those same organs? Granted the RISK is reduced BUT the RISK is still there.

 

[CobraCallie]

YES the risk is there.. and if the the organs were rejected.. then it'd be a different situation and there'd be no need for a lawsuit.. it was the PATIENTS fault.. but when it's in the hands of PROFESSIONAL TRAINED DOCTORS.. then there is something majorly wrong..

 

[MattNCSU]

If the organs were rejected (for reasons other than blood type) there would still be a case for a lawsuit because the doctors didn't forsee a possible problem. Because doctors are perfect right? No, the human body is not a text-book surgery everytime.
The patient has no control over what happens in his/her body. The immune system is only doing what it is supposed to do.
Point is, there was a risk that was worsened by a mistake. Do they have a right to sue, not really but this is America.

But I want to know why they are making cartain claims like the doctors took Jessica off life support without family's consent. yeah sure, I believe that crap

 

[CobraCallie]

:rollseyes Well what if? and What if this.. gimme a break.. this is the situation.. THE DOCTOR ****ed up.. it WASN'T the patient who happened to have the wrong blood type.. the patient can't control their bloodtype.. its the doctor that controls matching up the blood types..

You have an 03 cobra.. youre at the store and grab the wrong part that belongs on a 98 cobra.. you get home and put it on.. and it breaks your car.. Who's fault was that?! Your's...

This is a human being's life.. there needs to be no mistakes that a doctor can control.. the doctor can control matching up blood types..