Should Duke be sued?

[FordSVTFan]

Originally posted by 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.

She wasnt an illegal alien. She was a registered Alien Resident! Her family moved here so she could get the operation and was sponsored by a charity. They also sold their home, however modest, in Mexico to defer some of the expenses.

But lets keep things in perspective. She would have died if left to the medical care she was receiving in Mexico, that is a fact. She is dead now. They delayed her dying. They gave her family more time with her than they would have originally had. Her family was counting on having a lifetime with her based on their perceived best outcome of this surgery. There was no guarantee that either surgery would have been successful even with the right blood type on the first try. A heart and lung transplant is a very delicate surgery and chances of survival arent greater than 45% anyway, even considering her age. Plus she was already very diminished prior to the first surgery. So she wasnt the best candidate anyway.

Does the family deserve compensation? I dont think so, but under our laws they have suffered a loss due to someone elses negligence and they need to be made whole. What is that dollar figure? I dont know. But it should be based on best estimates of her length of life and quality of that life if left to the medical treatment she was receiving in Mexico. And certainly not the best possible outcome that she lived to 82 following a successful double transplant.

Either way the family grieves!

 

[FordSVTFan]

Originally posted by 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.

Callie you are under the impression that the miss matched organ blood type from the first surgery led to her death. That is not a correct assumption. The wrong blood typed organs started being rejected which did cause her state of health to diminish more, but she was already diminished a lot since her family waited for so long into her disease to get her appropriate medical attention here in the states. There is about a 45% survival rate among young relatively healthy heart/lung transplant patients. So she started off on the down side. The first miss match didnt help the situation but it certainly didnt cause it either. The second set of organs was transplanted within a good amount of time as to not allow for that much more deterioration to occur.

Yes the mismatch contributed to her demise, but it wasnt the substantial factor in her death. Yet still the family grieves.

 

[FordSVTFan]

Originally posted by 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..

Callie the surgery was performed to perfection! There was no mistake in the surgery. And yes there are mistakes in everything including surgery:shrug:

The problem is she would get back a daughter that was doomed to die just the same. Sad but true.

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..

Wrong, the doctor doesnt control matching up the blood type. The patient is entered into the UNOS (united network for organ sharing)data base with all her specifics including blood type and subtypes. Then she is graded on her survivability. Then she is given a ranking on the list of suitable candidates within the UNOS community. Then when organs are procured they are graded and given to the best possible match on the UNOS list.

After the match is determined by UNOS and the donating affiliate the organs are removed and transported to the waiting recipient. The organs are given a code based on the recipient to make sure they are routed correctly and end up where they are supposed to be. The doctor at this point inspects the organs for viability and transplantability. Then does the surgery. He assumes that the various organizations including UNOS have sent him the correct matched organs. At the time he receives the organs there is not a sheet there stating blood type and match. It is just the organs ready for transplant.

The doctor did his job perfectly well and on top of that has accepted responsibility for the mix up as the leader of the team! But in no way would I assign him the blame. It was indeed a mistake on someones part that it was typed wrong but not his!

 

[03Sssnake]

It was Heart and long transplant for crying out loud...She would have definately died without the procedure...This kind of procedure has a very high risk associated with it...Yes the hospital fugged up...I think there should be some accountability on their part for the mistake made, but by no means should there be some giant ass lawsuit...Changes should be made, but if the hospital is sued for a ridiculous amount of mullah, and good doctors quit and leave due to rising malpractice insurance, then she died in vain...because nothing will change then....

 

[Ryan]

Adam,

You almost sound like you know what your talking about :thumbsup:

 

[Blackgeetee]

Besides the hospital has received tons of negative press anyway. That's already pretty bad, without the possible lawsuit.

 

[SSCOBRA03]

Quote by FordSVTFan

"She wasnt an illegal alien. She was a registered Alien Resident! Her family moved here so she could get the operation and was sponsored by a charity. They also sold their home, however modest, in Mexico to defer some of the expenses."


She wasn't illegal? She must of recently obtained her documents because her family has already stated they used a smuggler to enter into the United States to receive medical treatment.

Quote by FordSVTFan

"Wrong, the doctor doesnt control matching up the blood type."

The doctor did not follow the hospital's procedures by double checking the compatability of the donated organs with the patient receiving them.

 

[FordSVTFan]

Originally posted by RTStabler51
Adam,

You almost sound like you know what your talking about :thumbsup:

Thanks Bro

 

[harry gilbert]

The reports I read say that Duke has had repeated problems with procedural errors in several of their programs. However, the girl would have had zero chance to live without the transplant. So exactly what were the damages?

Personally, I prayed for her recovery, but I guess the Man had other plans.

 

[FordSVTFan]

Originally posted by SSCOBRA03
Quote by FordSVTFan

"She wasnt an illegal alien. She was a registered Alien Resident! Her family moved here so she could get the operation and was sponsored by a charity. They also sold their home, however modest, in Mexico to defer some of the expenses."


She wasn't illegal? She must of recently obtained her documents because her family has already stated they used a smuggler to enter into the United States to receive medical treatment.

Quote by FordSVTFan

"Wrong, the doctor doesnt control matching up the blood type."

The doctor did not follow the hospital's procedures by double checking the compatability of the donated organs with the patient receiving them.

She was a registered alien. There is a difference between that and being illegal. The difference being she was registered once here(no matter how she got here) and allowed to stay for whatever reason the family claimed and was approved by INS.

It is my understand that the physician did check the viability and appropriateness(as to size, etc) of the organs for transplant staying within UNOS and hospital guidelines. It was stated he did not have available to him the blood typing and subtyping and truthfully assumed they were type compatible based on the info supplied by UNOS.