Posted on 07/07/2005 1:20:28 PM PDT by Pharmboy
Los Angeles (Reuters) A California woman is suing a hospital for wrongful death because her husband fainted and suffered a fatal injury after helping delivery room staff give her a pain-killing injection.
Jeanette Passalaqua, 32, filed the suit against Kaiser Foundation Hospitals and Southern California Permanente Medical Group Inc. in San Bernardino County state court last week.
In June 2004, Passalaqua's husband, Steven Passalaqua, was asked by Kaiser staff to hold and steady his wife while an employee inserted an epidural needle into her back, court papers said.
The sight of the needle caused Steven Passalaqua, 33, to faint and he fell backward, striking his head on an aluminum cap molding at the base of the wall.
Jeanette Passalaqua delivered the couple's second child, a boy, later that day. Steven Passalaqua, however, suffered a brain hemorrhage as a result of his fall and died two days later, the lawsuit said.
The suit seeks unspecified damages related to Steven Passalaqua's death and to Jeanette Passalaqua's emotional distress at being widowed with two young children.
Because Passalaqua was solicited by Kaiser to assist in the epidural, the lawsuit said, the hospital "owed him a duty to exercise reasonable care to prevent foreseeable injuries resulting from his participation."
A spokesman for Oakland, California-based Kaiser Permanente called the death "a tragic accident."
"Some of the allegations in the lawsuit are simply that -- allegations. The legal process is under way and we should respect that," said Kaiser spokesman Jim Anderson.
Well, they'll at least have to sign a new fine-print form allowing the hospital no liability if they faint from the sight of blood and knock themselves out...
As to the lawsuit, I might agree it's weak from the description available. But we have no control over a family's decision to bring a lawsuit. If it's so weak it will be dismissed, or they will just lose.
Knowing human nature a bit, I am not convinced that some of you who are so quick to denounce the family here, wouldn't be just as quick to sue if your own husband or dad was the one dead.
"The hospital isn't responsible for him not being able to stand the sight of blood. It's a personal condition; it just happens to some folks. I have no problem with blood but have seen people go pale and woozy just seeing a drop of it. They're responsible for their own comportment."
You...are...completely...effing...wrong.
The suit isn't about his "personal condition." And you're not "responsible" for your "own comportment" if the HOSPITAL calls on you to be part of the procedure. She will win, she will win a big settlement, and likely before trial.
The chick was scared of a tongue depressor?
Talk about issues. How the hell did she eat Popsicles?
I lose all sympathy for someone who suffers from a tragic event when they try to take advantage of a technicality to put some kind of monetary liability on someone. Her husband is dead because he was a pu$$y. That isn't the hospital's fault. I hope the lady goes bankrupt.
"No Metrosexuals in the Birthing Room. Ever!" ~ Joan Crawford
But more to the gross out point, the doctor then said there was a lot of blood and he wanted to make sure her uterus wasn't torn. He proceeded to pull it out of her, it looked about the size of a big bloody trash can liner, he proceeded to examine every bit of it in his hands before finally shoving the whole thing back in her. Oh yeah watching him make and then sew up that epesiotomy (sp) incision was quite a sight too.
You...are...an...example...of...the...problem.
The hospital had no control over this man--none. Had they asked him to hold her and he said "Can't do it" they had no power--NONE--to compel him to do so.
Who engaged in the behavior which caused this man's death? The victim.
Who chose to engage in this behavior? The victim.
Whose responsibility is it to say "I faint at the sight of blood"? The victim.
Who is responsible if an unknown aversion to blood causes one death? The same person who agreed to engage in the behavior--the victim.
This woman will lose unless she gets jurors who think with their hearts instead of their brains. If you wanna live in that kind of world, have fun. I prefer a world of laws and personal responsibility.
That's exactly what it was. A very sad day for the wife and children.
You are right. The dad took his chance. Life is full of risks. I was present for the birth of all my children, and those were the most important and memorable moments of my life. It will be a real shame, if lawyers and lawsuit lotteries stop the practice of allowing fathers to be present for their childs first breath.
Thanks for the defence joe.
I have a severe phobia of needles. Blood and guts don't bother me at all. I did hold my wife while doing the epidural but I knew not to look at the needle. I even cut the cord.
Once I went to visit a friend at the hospital. There was a group of us and we were all talking and laughing. In mid conversation I got really sick and had to go to the window for some air. I had no idea what had hit me until I reallized that a nurse had come in and was drawing some blood while we were all talking.
I literally am having a hard time reading this thread and posting. I have tried to go give blood but it always turns out real bad so I don't even try any more.
Are you available for a deposition? :^)
LOL. You never know who has a weak constitution until they hit the floor.
Are you my husband posting under a different name? I was conscious during both my c-sections. However, it wasn't until my hubby started showing the video of our son's birth that I realized my guts were out. In fact, I never thought about my guts during the thing. As the time approached my hubby told me I might want to shut my eyes during that part of the video!
Look, I have too many other piss-fights going on here at the moment, so I don't have time for yours. (By the way, real clever...use...of...ellipses--how'd ya think of that?)
Seriously: Run it past any attorney...or maybe some FR attorneys have already weighed in on it. At any rate, I can see you're trying to play lawyer here, and I believe, from what I know of liability law (no, I'm not an attorney), that the hospital is negligent, and will end up paying through the nose. I believe also that your logic is incredibly flawed--and I'm going to let it speak to others, for itself:
"The hospital had no control over this man--none. Had they asked him to hold her and he said "Can't do it" they had no power--NONE--to compel him to do so. Who engaged in the behavior which caused this man's death? The victim. Who chose to engage in this behavior? The victim."
I can understand why you'd rather turn on the whine than discuss the issue. In the future, maybe just refrain from commenting when you don't know what you're talking about.
Yeah, the ellipses...my using them wasn't exactly subtle--that you seem to think yourself clever for "catching" that explains all I need to know. Maybe you shouldn't be engaging in "piss-fights" and reserve comment on things you can discuss logically, instead of emotionally. If you can't debate my points and can just whine, just don't waste my time replying to my posts with silly nothing responses, ok? Good day.
There ARE accidents in America, plenty of them. You can tell them by the circumstances. A man is driving his car on a clear day and dry road, at a reasonable speed...a groundhog dashes in front of him...he swerves, just a bit, to miss the animal...but loses control and in a freakish accident, flips up against a big old tree, killing him instantly.
What now--sue the farmer whose land the gopher had a home on? We hear of things like this and say, It must have been his time.
But when you hear of something like this hospital incident, Your first reaction isn't, It must have been his time. It's, What the F...?
If this were your son-in-law, and your daughter's husband were gone unexpectedly, leaving her with kids, and his earning power and everything else he provided gone, I'm betting you wouldn't be so cavalier. Would you say, Hey, sorry, Honey, it was a tragic accident, do your best?
When the hospital initiated the action that led to his death?
Just because lawyers and greedy plaintiffs and stupid juries have made a near-joke out of negligence suits doesn't mean that this particular case isn't actionable.
It is, and she'll win.
Beautiful, perfect, thank you.
Man, people are harsh here, at times.
At least no one's nominated him for a Darwin award, yet. (BTW, why does a thread with so many Creationists invoke Darwin so very often?)
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