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 don't understand why he had to be so nosy."
Thank you. You've gotten to the crux of this case.
This father-to-be was in the delivery room with his wife, as she was about to give birth to their child (a practice that was virtually nonexistent two generations ago, but now is ubiquitous), and a freak accident happens...and he's "nosy"?
I've seen more logical conclusions reached by fanatical pit bull defenders on this forum, and every one of them is seriously deficient.
Not necessarily. He could have felt just as light headed and faintied if the nurses had positioned / held the patient and he been standing in the corner. Staffing is a legitimate issue at most hospitals around the country. I know others disagree, but I don't see where staffing or his helping hold his wife in any way really plays into this scenario. As I mentioned in another reply, often people feel less lightheaded if they have something to do - a task to focus on (like holding his wifes hand etc), rather than the procedure. The real underlying question is should family members be in the room during any procedure - even if they think they want to and/or insist?
Well, here's the thing.
I simply do not see any valid comparison in this father's death and the death of your father...other than, young wives and children were suddenly, tragically, without husbands and fathers.
The circumstances in no other way bear comparison, in my opinion. To thrash it all out, point by point, would be unseemly, to say the least, in light of your account of your father's death.
I have no desire to argue further with you, because your pain from the loss of your father is clearly still with you (please don't deny it, anyone who read what you wrote could see that), and I am often nasty and that is totally inappropriate now.
We have agreed to disagree on this issue, but please know that I have just offered a prayer for your father, as I did mine, also gone too young.
Safe Travel (I've been meaning to add this as my tagline for some time now, and just tacked it on; you get it first.)
I was wondering how they figured out he fainted because of the needle. Couldn't it have been like you said--he was standing around and his knees locked? I've heard of this happening to people in weddings. Could it have been from lack of eating and getting light headed? Could it have been from the excitement of his wife having a baby? Even if he was known not to like needles, how do we know the sight of the needle caused him to faint?
Ha, you're hopefully right. I actually think part of the problem is mine - hard to locate the correct spot; hence the taking on one side only.
Six? You're brave. :) How old are they now? Mine are 8, 4 and 2. Whew, I'm tired. Bet you're more so.
Because it's not worth any money otherwise and the plaintiff's lawyer says so;-)
Oh, I strongly disagree. This lawsuit is based on the fact that he was asked to help steady his wife and he couldn't handle the sight of a needle. My father smoked two packs a day of a product that is highly addictive (but, he knew the risks) and this (probably) caused him to die young. My point is, there are risks in life, we all take them. The key is not to find fault with someone else when your behaviour leads to your demise. Whatever happened to personal responsiblity?
"A man has got to know his limitations".
I have no desire to argue further with you, because your pain from the loss of your father is clearly still with you (please don't deny it, anyone who read what you wrote could see that), and I am often nasty and that is totally inappropriate now.
I can't deny that, I'm a grown man that still has issues with that moment in time. But I think that incident and my mother's reaction made me a stronger more self reliant person. Isn't that what America is -- a nation of strong self reliant people? Oh, wait -- I forgot -- we sue everyone now.
We have agreed to disagree on this issue, but please know that I have just offered a prayer for your father, as I did mine, also gone too young.
Fair enough, I don't ever pick fights, purposely. I definitely don't like to bring personal situations into an arguement; unless it helps me illustrate a point better and I feel this one helps me illustrate it -- in technicolor.
As the blO'hard woud say "I'll give you the last word". :)
I think you may be jumping to conclusions without hearing both sides of the story. Wouldn't want you on my jury.
So you blame a legal professional for doing his job? Ever been on jury duty?
If health care workers did their jobs professionally, maybe there wouldn't be as many malpractice suits. Yeah, blame the victim.
I believe a jury would find the hospital negligent. I believe it's a legitimate cause of action.
Well I just hope they don't get a dime out of this one. I feel sorry for the deceased guy, but he should have been in another room reading Sports Illustrated like someone else said. To bad we don't get do overs.
dunc, give it up.
you misstepped when you called him "nosy."
that's not the case.
I explained it.
You didn't get it.
Let it go.
Get some sleep.
Well, if you're giving me the last word...good.
We're done, goodnight.
IOW "we are in settlement negotiations which include a non-disclosure clause."
Tell me BD, if this poor widowed mother came into your office offering 33% of her recovery, would you turn her away?
I'm already on it! See Post #178.
There is a simple solution............
Show up for the delivery with a load on...............
worked for me.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.