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.
My office has dealt with Kaiser. They don't settle easily.
Why "retire now"....?
You seem ready to fall over on the floor and wake up tomorrow at 1PM, covered in vomit.
Give it up.
There's no nosy to it.
I didn't advance a legal theory about "ubiquity."
I said, if the near-universal practice throughout the land has fathers going into delivery rooms, then they're not "nosy."
Hey, ping me when you get out of rehab.
Exactly right. It's not for everyone, and everyone's not the same. And, it has nothing to do with how tough one is in other ways.
Widow... 2 Small Children.... Dead Father.... Tears on the witness stand... Tears in the Jury box... Little Children called to the stand to say "Why is my daddy dead?"... Faceless HMO (everyone knows it's INSURANCE money)... Reinsurance company pressure from Hartford, Connecticut...
My bet is they settle.
It wasn't the tongue depressor per se, but the gag reflex. It occasionally does that to some people. After that experience, I never looked in anyone's throat again if they were standing. It seems to be a neural thing that has nothing to do with other types of toughness.
I hear those birthing videos are a scream when they're run in reverse...( :-D
I agree, based on the limited facts that are given. You could not get a more sympathetic plaintiff. I don't know if there are any carriers in Hartford still writing Med-mal coverage. Most of the coverage is coming out of Pennsylvania with reinsurance out of Stamford, CT. This is a tragic case and I apologize for making light of it.
That's a pretty good point. Epidurals are done with the patient in the sitting/upright position on the gurney. He was asked to help keep her up, but a nurse should have been there.
No, no, no. The dad was not acting as the ob's 'assistant.' He was simply an extra set of hands. Thats all. I have had grandmas to be, dads, life partners, etc., help steady...that is all they are doing...the mom as she gets her epi. He could have very easily just not 'looked' at the needle.
Just my two cents, but waaay too many people get 'invited' into the delivery and/or birthing suite. Grandmas (usually both), grandfathers, aunts and uncles to be, older kids, friends, all gather around. Many of the women in attendance volunteer their opinions (take the epi, don't take anything, ask for Demerol, get 'them' to bring you a Valium...etc.). Unfortunately, they never taught us crowd control in nursing school.
A quick story...had a dad feel faint start to go down (we tell them in advance, sit down before you fall down) and on the way the camcorder (one of the big, early 80s style ones) gets tangled in mom's IV line...the woozie man's mom was in the birthing suite and she is trying to grab her son (a really big guy), as she is yelling at us (the nursing staff) to help him, the IV port dislodges from the dad/camcorder combo tugging it to the floor, and yet another female relative goes UNDER the delivery bed to try and get the camcorder (from the opposite side) so that the filming can go on. Given the chance...I am sure this bunch would have sued...but THEY caused all of the problems. I
It's not med-mal. That's the beauty of it. It's a straight civil liability case. The husband was not a patient. Kaiser can't rely on their boilerplate arbitration clauses to keep this thing out of the eyes and ears of a jury.
Of course a jury will find the hospital negligent. A business has no chance in a case like this. Regardless of the facts, the lawyers will play the heartstrings and the company with the deep pockets will pay up. It's all courtesy of our jackpot legal system.
Excuse me, but I'm not the one trying to cash in on his death. I have no sympathy for this woman once she hires a lawyer and tries to hold the hospital responsible for something that WASN'T THEIR FAULT. It is because of inconsiderate a$$holes like this woman that products and services cost so much.
Of course a jury will find the hospital negligent. A business has no chance in a case like this. Regardless of the facts, the lawyers will play the heartstrings and the company with the deep pockets will pay up. It's all courtesy of our jackpot legal system.
Gosh I just don't know why it is that conservatives like us get the reputation for being heartless. Do you?
You can call me heartless and cruel all you want. This woman is not entitled to one penny of that hospital's money. NOT ONE PENNEY!!!!!!!! It is time for Americans to stand up and say that our legal system is not a casino. Sometimes people die. Sometimes people die by accident. She is suing for one reason and one reason only. She knows that the hospital has deep pockets and they will settle out of court to make this go away. What will she have done? Will she have resurrected her husband? No. He will still be dead. What she will have done is stolen money that doesn't belong to her, and the patients who enter this hospital after her will pay higher prices for their services. Then the insurance companies will raise their premiums. Who loses? You and I.
He's a victim of his own poor judgment.
When Kaiser sues other businesses or people do you cry in your beer for them? When Kaiser treats people and then charges outrageous fees for their services and then sues people into bankruptcy to force them to pay it, do you feel for the overcharged patient?
Do you not think that Kaiser has a team of lawyers that go around suing people all over the planet? Do they not sue vendors who breach contracts? Do they not sue contractors who they feel may not have performed to specifications? Do they not sue doctors who breach their employment or vendor contracts with them?
I have represented many businesses that have been taken to court by Kaiser Attorneys for failure to pay on bogus claims they have made against those businesses. They take advantage of the legal system a lot more than this lady and many of the claims that Kaiser has had against my clients have been completely without merit. Yet they HIRE ATTORNEYS to prosecute those bogus claims.
Does you sympathy always lie with businesses and never with people? Do you refer to Kaiser's executives as A$$holes when they consult with attorneys regarding their claims? I doubt it. In fact I doubt you ever bothered to think that Kaiser has a team of Attorneys at their disposal ready to sue you the moment you don't pay your bill on time, or the moment you refuse to pay for a missed office visit that they charged because you got stuck in traffic.
I think the hospital showed very poor judgment.
My kids are 14, 11, 8, 7, 5, 3, and 1. (That's 7 ... I didn't have an epidural with #6. Instead, I had a posterior breech delivery with a local anesthetic, yee-haw!). Yes, I'm pretty tired, especially since I'm pregnant again.
Forgot your sarcasm tag? Ugly divorce in your past?
Many women (not all, of course) want to have someone who loves them present while they're giving birth. With the way families are dispersed these days, often the husband is the only person available. I want mine with me, even if all he does is read the newspaper in the corner and talk to me about the news while events unfold.
I haven't taken a position on liability in this case, because (1) I'm not in that field and (2) we don't have enough information, but there have sure been some moonbat comments. I'll have my baby on the lawn at the Fire and Rescue station before I'll go to a hospital that won't let me have a "support person" of my choice present, barring an absolute emergency. (/moonbat comment)
5 out of 6 of mine were administered while I was lying on my side. My husband stood or sat in front of me (no view of my back) and held my hands or shoulder.
The point is, I had always thought that this change in pressure is more easily seen with the patient sitting up. I may be mistaken about that point. Thanks for the info.
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.