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.
I couldn't bring myself to be in the room when my twins were born. I knew i'd faint for sure. My wifes sister volunteered to go in for me so my wife wouldn't be alone.
I guess i'm a wuss ....
The funny thing is I can take pain, no problem. Even a cut that bleeds doens't bother me, but if I have to have blood drawn or have to see the inside of a human I just turn pale and usually end up on the floor.
"Her husband is dead because he was a pu$$y."
You're brain-dead because you're an inconsiderate asshole.
That's what life insurance is for. Has trying to find someone to sue replaced that?
Please analyze that. If it was idiotic, how much is the loss of a young husband and new dad worth? In lost earnings and just in not having a dad the rest of your life. BTW I'm not saying the hospital is liable for that, but if they were ....
Youre right, accidents do happen..and this is one of them.
It is sad and tragic..however, the bottom line will be, in what way was he asked to "assist" and in what context in order for the lawsuit to have any weight in court.
I have asked family members of my patients to "hold" their loved ones...during procedures and even during death..Does that make me responsible if they pass out and die?? no, it doesnt.
And Yes, some comments on this thread have been pretty brutal.
:o)
You can't win in this situation. I've seen families have melt downs because they were told they could only have one family member in the room during the epidural - it isn't a spectator sport. I've seen experienced EMT/firefighters turn green when it's their loved one who's the patient.
Kick 'em out and they're angry, let 'em stay and faint and they sue.
Glad I"m not doing OB anymore:)
Look, Pussy Boy, you're the one who's getting all emotional--do you cry at kitten pictures?
I laid out some logic. I have some legal background. Lawyers have weighed in, saying there IS a case here. But you apparently are incapable of understanding that. The gas company parks a truck at the top of a hill; the driver forgets to chock the wheels. It rolls down the hill... through your front window, killing your wife and kids. Man, that's tragic. And of course, you would NEVER bring any legal action, because we all have to live with "accidents," don't we?
You have to keep stomping around and dumping on a dead man cut down in the prime of life, under circumstances that were under the hospital's control (and when a medical professional asked him to do something, was he really supposed to say, Not for me, I'm squeamish? Maybe he just wanted to participate as much as he could in the birth of his child...and convinced himself he could get through it just fine. We call that an act of love. Maybe he had no issues with blood...but needles were a problem. And then he sees the biggest needle he ever saw...plunging into his wife's back...you are one callous bastard to say that the first time something happens to someone is just too bad--he should have "known about it.")...and dumping on a guy who left behind a wife and children. Do you really think that your behavior makes anyone here think you're tough?
Don't waste your time?
Why don't you do everybody here a favor, and think your inane ramblings through before wasting digital trees.
"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."
You don't have any points. You're just a freakin bully who's got a whole bucket of bile you're looking to dump on people. Everything that was shitty in your life remains just as shitty even if this case never existed. Think on it. G'day!
Yikes. My husband can't stand needles either, so when he was asked to assist with the epidural, he held me steady and DIDN'T LOOK at the procedure at all. He would've fainted for sure. He was able, however, to watch the surgeon cut me open and take the baby out without so much as a grimace. Some people's husbands are so wierd! :o)
"I have asked family members of my patients to "hold" their loved ones...during procedures and even during death..Does that make me responsible if they pass out and die?? no, it doesnt."
Please: Tell your liability insuror that you invite the family members of patients to " 'hold' their loved ones during procedures," and ask them if that's okay.
I thought so.
"Does that make me responsible if they pass out and die?? no, it doesnt."
Depends on the circumstances. Lawyers have already weighed in on the circumstances under discussion, and said that they believe the plaintiff has a valid case, and will win.
Doesnt make you a wuss...just honest. :o)
If that's the case then expect to see dad's kicked out of delivery rooms and C Sections, based on that argument. There are all kinds of blood, guts and needles seen throughout the delivery process. Frankly dad's can usually see less by being around on the other side facing his wife and holding her hand and talking to her. If they aren't occupied in that fashion they usually stand around and watch over the anesthesiologist's shoulder. Often comments that aren't helpful to the parturient like "WOW look at the size of that needle" are verbalized. If they're going to stay in the room - the best place for 'em holding the woman's hand.
Please, please tell me you do not show that video to anyone but yourself and your wife.
Trust me. No one wants to see your child being born but you.
Nothing personal . . . I don't want to see ANY child being born that's not mine.
Ohhh boy.
Okay, I said "hold" them, not hold them down, not restrain them. Big difference.
Oh, I believe she will win.. the story is heartwrenching and has all the ingredients for a huge settlement.
I don't blame the family of the victim. They are grieving, distressed, and aren't thinking clearly. The lawyers, however, don't have any excuse for this BS.
You're not kidding, are you? Hell, if I'd know he looked like this, I never would have defended him or his wife. (Seriously, maybe we should all take an hour or two out now and go through all the pictures and get rid of every one where we look stupid ((that will be about 3 out of 4, for me)) and destroy them, 'cause we're all gonna die someday.)
Any Hospital that allows the husband stand around and watch a c-section deserves any lawsuit that comes along as a result of him falling down and striking his head.
In this case the husband was acting as a physician's assistant. Perhaps the hosptials may no longer allow husbands to stand next to their wives while they get spinal epidurals. No big loss in my book. As long as the hospitials allow bystanders to participate in medical procedures, they run the risk that they bystanders could get hurt if they faint and fall on the ground.
In this case you have a widowed mother of two who would not be a widow if the hospital had anticipated the husband fainting at the site of a 6 inch needle being inserted into his wife's spine. In my opinion there probably was negligence. If a lawsuit is filed, then it is a legitimate claim. While it may have been an accident, it was a foreseeable situation and provisions should have been in place to prevent the type of injury that occurred.
If it is any help, my practice is devoted to representing insurance companies and businesses, including hospitals. I see a lot of bogus claims. I don't think this would be considered one of them.
I hate needles but I have never fainted.
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