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 disagree.
Suing for a legitimate reason such as breech of contract, and not doing a job you were paid to do is different from HOLDING SOMEONE RESPONSIBLE FOR SOMETHING THAT WASN'T THEIR FAULT. Your comparison is invalid.
That's what makes America great - we can disagree.
And your stubborness and insensitivity are intractable.
Your initial claim was that you had no sympathy for this woman, not because she didn't suffer an injury, but because she hired an attorney. Now you defend Kaiser who hires teams of attorneys to run people like this widow into bankruptcy on claims that IMO have less legitimacy than hers.
You don't know that Kaiser's position in their own Attorney generated lawsuits against other businesses and people are legitimate or frivilous. You assume because they are a big business that their claims are more valid than the claims of the proletariat injured under their roof or the widows and orphans that they drive into bankruptcy suing to collect for faliure to pay $25 for an asprin.
Well you called this widow an A$$hole and you called her deceased husband and the father of her children a "pussy" because she hired an attorney. I contend that there very well may have been negligence on the Hosptial's part and quite frankly it would be a violation of this mother's duty and obligation to be a good steward to her fatherless children if she had not consulted with an attorney to see whether or not there is a legitimate chance that the hospital can, in some way or other, be held at least partially responsible for her husband's unfortunate accident.
I would go so far as to consider it irresponsible if the mother had not consulted an attorney on this matter. She has two small children to raise without a father. I suppose you think the "A$$hole" mother should give up her "pussy" husband's children for adoption?
Blessed is a man whose quiver is full." I would say your husband is Blessed.
BTW they've figured out what causes pregnancy. ;^)
We know that, but he refuses to stop it.
Great answer!
Marlowe, thanks for whacking this heartless guy.
If his blood pressure spikes because you have so accurately pointed out his cruel illiogic, and he has a stroke, and sues you, we can all just claim that he's a pussy, and shouldn't have gone into a "room" like this without expecting some risk.
I had three of my five boys with an epidural, and two without. In all honesty, the only one of them that appeared to me to be less alert at birth was my five year old, that I delivered with Stadol. (ugh)
My three week old I delivered with an epi, and he was much more alert. I thought Mr. Ex might faint from watching me bang my head on the bedrails -literally- instead of watching me get the epi, lol!:)
That was the only natural position my first husband (deceased) assumed during the birth of our son - flat on the floor fainted. At the birth of our daughter the staff kept asking him if he was okay and then ushered him out when it was apparent he was not okay.
I hate to think that all fathers-to-be will be banned because of this incident. Lawyers can be a plague. I think most hospitals make any visitor to the birthing room sign a hold harmless.
I am with you 100% on that statement!
You are not going to get me to believe that it was the hospital's fault that this man fainted. Now the mother wants the hospital to pay because the man had a weak stomach. She is suing for the money. She is not suing because she suffered an injury. I would have felt sympathy for her until she tried to exploit her husband's death. I will not fault the hospital. They did not cause this man to faint. The fault is with him and him alone for not knowing his limitations. Their is no liability. You can talk of corporate greed and company lawyers until Judgment Day. You will not change my mind on this. The facts remain the same. The man fainted. The hospital didn't cause it. Just because it happened on their property doesn't make them liable.
You guys are the ones fired up about this. You're not using logic. You're going stictly on emotion. How liberal of you.
I agree. I was sitting up when my epidural was administered. My face rested on the nurse’s shoulders and my hands were wrapped around her neck. Unfortunately, during the procedure the anesthesiologist punctured the dura sac in my spine. This caused a SEVERE headache. The pain was so unbearable I taught was dying. With the needle still in my spine the nurse tried to calm me, any wrong movement could have been serious(paralysis or even death). I think this man deserves some RESPECT. Most men (caring men) in his case would have done the same thing, regardless of their weakness. It’s just too bad his help was so tragic. An epidural is serious business that requires professional assistance. He had no business helping during an epidural procedure. “The hospital bears some blame. “
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