Hopefully another false alarm, but "this patient claims to have had contact with patient zero":
http://wfaa.mlnwap.com/article.html#...7b6c4bc031cf98
Let's all pray its just some crazy person with the flu.
I'm guessing they will wait until after the funeral to announce anything.. you know, dignity and all that.. but..I do that for a living and it's going to be a very tough case. You have very serious proximate cause problems. You have to prove that the delay in initiating treatment caused a substantial change in outcome (basically, he wouldn't have died had he been admitted on the first visit). That's going to be hard to do with a disease with the virulence of Ebola. That's not to say that the suit won't be filed. If the family showed up at my office tomorrow, I'd talk to them. But the lawyer is going to have to invest probably $125 - 200,000 in expense that typically accompany a med mal case. Maybe more because this one will be complicated and big. No idea what this guy's earnings are, but non-economic loss is capped at $250k per defendant, max of $500k. Assume for sake of argument you have 2 defendants -- hospital and ER doc. If he has marginal earnings, it's not worth the expenses to take on a weak causation case. My initial reaction is that it's a very easy turn down. Not enough potential return to justify your investment of $200k+ in expenses.
there are lawsuits coming... Presbyterian's Attorneys have to be huddling at this hour. an Ebola-infected Patient from Liberia is turned away with antibiotics, returning deathly-ill 2 days later? as John Wiley Price said yesterday, probably turned away because of no Insurance.. I hope Presbyterian has good Insurance.. millions of dollars are on the line. Originally Posted by Chung Tran
I was thinking about a wrongful death type suit, not tied to loss of income.. but you know more than me, obviously.. Originally Posted by Chung TranLoss of earnings less the amount a person would have consumed during their life is almost always the largest single element of damages in a wrongful death suit.
I was thinking about a wrongful death type suit, not tied to loss of income.. but you know more than me, obviously..Hope all you want, but I doubt the Duncan family are that magnanimous.....engaging Jackson is a signal that they going for the "victimhood" payout...either thu private settlement or jury award.
I would hope the family appreciates that Presbyterian tried its best to help Duncan, and would not even think of suing.. Originally Posted by Chung Tran