FYI, when you have a premature child, there is no “shopping” for an expert. Depending how sick the child was, it may have not been able to transfer the child to a differnt hospital. Believe me, I spend 12 days in the NICU w/ my daughter. I was lucky, my daughter was not the sickest child there, she was born 6 weeks premature.
So nobody did anything wrong but we’re going to hand out millions anyway? Sounds like American justice.
No hospital is going to have every kind of specialist on hand. That’s why you shop hospitals for the specialist you need. I hope the hospital wins on appeal. Don’t get me wrong, it’s sad they lost their child, but there was no negligence.
This is what happens when you have a bunch of local amateurs making decisions that require objectivity, a focus on the facts, and no emotionalism to affect their judgment. This is what happens when you have a judge who doesn’t have the stones to over-ride an unrealistic verdict. There are no aggregious circumstances or other basis for $12M. Quite frankly, the settlement value of a “premie” isn’t much.
Lastbat, you’re right on with your assessment and reasoning. The death of the child is sad, but absent provable negligence, the case has no value and should be appealed. This is a prime supporting example of why our legal system needs reform. Trained, educate, and well compensated independent juror like Japan uses would eliminate this kind of nonsense.
After reading the article I still don’t really see a need for this award. These are premature babies we’re talking about and the death rate is pretty high for babies born that early. The article mentions some time delays but since we don’t have the transcript we don’t know if there were reasons for those delays. Doctors often work 24 hours or more in a row in some specialties and at certain times, so we don’t know if delays were because doctors were treating other patients, were getting much needed rest, or any other reasonable explanation.
This is a sympthy verdict and needs to be overturned.
This lawyer has found his niche in money machine that is our court system today. You can rest assured that others will follow once they realize what a cash cow this market is. Hospitals beware. You’re on the verge of another plaintiffs’ breakthrough in malpractice law.
Agree w/ prior posts – this old med-mal hand has seen sooooooooo much of this, I am glad to be now retired – played 18 this morning and finished with a birdie on 18 – time for my nap
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FYI, when you have a premature child, there is no “shopping” for an expert. Depending how sick the child was, it may have not been able to transfer the child to a differnt hospital. Believe me, I spend 12 days in the NICU w/ my daughter. I was lucky, my daughter was not the sickest child there, she was born 6 weeks premature.
So nobody did anything wrong but we’re going to hand out millions anyway? Sounds like American justice.
No hospital is going to have every kind of specialist on hand. That’s why you shop hospitals for the specialist you need. I hope the hospital wins on appeal. Don’t get me wrong, it’s sad they lost their child, but there was no negligence.
This is what happens when you have a bunch of local amateurs making decisions that require objectivity, a focus on the facts, and no emotionalism to affect their judgment. This is what happens when you have a judge who doesn’t have the stones to over-ride an unrealistic verdict. There are no aggregious circumstances or other basis for $12M. Quite frankly, the settlement value of a “premie” isn’t much.
Lastbat, you’re right on with your assessment and reasoning. The death of the child is sad, but absent provable negligence, the case has no value and should be appealed. This is a prime supporting example of why our legal system needs reform. Trained, educate, and well compensated independent juror like Japan uses would eliminate this kind of nonsense.
Stupid award that will be overturned. The baby was born 2 1/2 months early weighed around 3 lbs and had severe health problems.
Here is a link to a newspaper article. “http://www2.tbo.com/content/2008/jun/27/parents-awarded-12-million-babys-death-tampa-gener/
Why did they transfer the kid from Winter Haven to the Tampa hospital if there was no specialist on staff? They should sue the driver!
Thanks for the article plymn.
After reading the article I still don’t really see a need for this award. These are premature babies we’re talking about and the death rate is pretty high for babies born that early. The article mentions some time delays but since we don’t have the transcript we don’t know if there were reasons for those delays. Doctors often work 24 hours or more in a row in some specialties and at certain times, so we don’t know if delays were because doctors were treating other patients, were getting much needed rest, or any other reasonable explanation.
This is a sympthy verdict and needs to be overturned.
congrats to the parents! i don’t know why anyone plays the lottery when the odds are so much better suing hospitals.
This lawyer has found his niche in money machine that is our court system today. You can rest assured that others will follow once they realize what a cash cow this market is. Hospitals beware. You’re on the verge of another plaintiffs’ breakthrough in malpractice law.
Don’t you find it amazing that an abortion at this stage is legal because it is a “non-human”, but its worth $12 M in front of this jury?
Agree w/ prior posts – this old med-mal hand has seen sooooooooo much of this, I am glad to be now retired – played 18 this morning and finished with a birdie on 18 – time for my nap