Transplant patient not told organ donor a homosexual

OneNewsNow ^ | 11/16/07 | AP

[Iwo Jima]

But they have no recourse because of tort reform.

[kittycatonline.com]

And now innocent lives are being deliberately put at risk to push the militant homosexual agenda.

This story does seem a bit odd. When I go to donate blood, each and every time there is a big ol' questionnaire I have to fill out, and they ask directly, "Have you ever had sex, even once, with another man?", along with a few other questions that certainly don't provide any accommodation to the gay lifestyle. How is it that somebody can donate an entire organ without similar scrutiny? Was it one of those "motorcycle accident donor" situations?

[Iwo Jima]

True, that is what tort reform has accomplished. You can't sue them, but some people will see it as justice to ......

Public justice is better than private justice.

[boop]

Ironically I wonder if the patient CAN sue. After all, isn’t it “bigotry” to disallow gays to donate organs?

[Secret Agent Man]

Why can’t you sue them for not telling you so that you could have said no? They told her background about a prior donor before and she said no. The next time they don’t tell her the donor is a high-risk behavior person, and she gets HIV and Hep-C? Seems like it’s a clear court victory here.

[Secret Agent Man]

Either that, sue the hospital and have them fire the docs or somehow get the med board to revoke their licenses.

I mean this is totally criminal behavior on their part.

[Iwo Jima]

I don't know what state your are in, but I practice law in Texas -- 20 years as a medical malpractice DEFENSE lawyer, and the last few years as as plaintiff's medical malpractice attorney (one case).

Trust me, this poor woman can never find an attorney to represent her (unless he is just in it for the principle of the thing and is willing to pay $250,000 out of his pocket for the privilege of doing so).

For a variety of reasons that are too involved to go into here, this woman has NO CASE even accepting the validity of everything that you have said.

That is what "tort reform" means. Even if you have a good case, you will lose.

[weegee]

This out to be a lesson for those who say “it’s MY life/body, I can do what I want to it” (and then affect someone ELSE’s life with MY rotten parts).

[weegee]

There are politicians who want to REQUIRE that every organ be considered “donated” until/unless you OPT out (if you are “permitted” to). They tried to pass that horror show in Texas years ago.

[isthisnickcool]

These people were deathly ill and they cured them by “killing” them? Not cool.

[weegee]

And National Health Care will be better when we’ll have to sue the State for the RIGHT to sue for damages.

[M Kehoe]

Gift of Hope Organ & Tissue Donor Network in Elmhurst and the University of Chicago both knew the kidney donor was high-risk and did not inform the patient, Demetrio said.

If it was my situation, and I had lived, I don't know who I would go after. And I'm not talking about a law suit.

5.56mm

[isthisnickcool]

That is what "tort reform" means. Even if you have a good case, you will lose.

The good thing about tort reform is that you can still sue bad lawyers. And there are a lot of bad ones. Most of them it seems.

[Iwo Jima]

Suing the hospital is meaningless. Tort reform, don't you know?

Medical boards? Don't make me laugh! You don't seriously think that they care about poor medical care?

If you think that this is criminal behavior, just try to interest the DA. You won't. You will only succeed in making yourself a suspect person whom the DA will try to find a reason to indict you.

Good luck.

[Iwo Jima]

Of course. You are right. National health care will be no better. In fact, a whole lot worse, if I am any judge.

[jimfree]

Who’s rights have been protected at what cost?

[Iwo Jima]

Well, no, I don't think so.

But I can tell your this:

Judicial Watch has called, and they want their badge back.

I have no idea what that means, but they assured me that you would know.

[Harrius Magnus]

Both incurable diseases, where there is NO treatment for.

You are ignorant. While there may be no cure for HIV, interferon and Ribavarin are used to treat and cure Hep C, and antiretroviral drugs can keep HIV in check for years, possibly a lifetime. Thus, while the situation is tragic, there is hope here.

This patient made a choice for transplant over continued dialysis. The risks were discussed. She is blameless, but willingly accepted risk. Nobody intentionally gave her an infected kidney.

It's a crappy situation for everyone, but finger-pointing isn't going to help any of these people out of their situation.

[isthisnickcool]

If most of the lawyers I’ve known over the years could take some wood and nails and make me a nice bench to sit on it would be the first productive thing they have ever done.

[LukeL]

This is why I do not sign the back of my driver's license. The transplant business only cares about money and will take organs from anyone, even going as far as to hasten someone's death with CNS depressants.

If a realitve or friend ever needs a kidney I would be the first to get tested to see if I can donate, I also have no problem giving my blood or bone marrow, but if I can't give direct consent at the time, no way.