ST Alpha - "What would you do if your baby needed a tonsilectomy, there were problems and continued illnesses and those suckers had to come out." (Reading a Post)

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In response to "So angry! Maybe you should see a doctor and get some happy pills. " by Dr.Vermin

What would you do if your baby needed a tonsilectomy, there were problems and continued illnesses and those suckers had to come out.

Posted by Jolly St. Trishalaus (aka Trish) Dec 22 '09, 10:31

The anesthesiolagist had been out partying the night before--it was his birthday. He was puking drunk when he got home at 3am. He had to be at the hospital by 7 am to assist in the surgery for your baby. He kept nodding off during surgery, but the nurses kept poking him awake. Suddenly baby started crashing. She's in SVT, they can't get her to breathe even while bagging her. Her chest was cracked and internal cpr is started. Baby dies. Of course you're devastated. The surgeon had to come out and tell you that yes, even something as simple as getting your tonsils out can go bad. Nobody mentioned the anesthesia and that there was a problem. You mourned for a couple of months and one day one of the nurses in the OR calls you and tells you what really happened. Dr. Drinky had given your baby over 20 times the amount of medication to put her out and it caused the breathing center in her brain to just stop.

So, you and your wife are (justifiably) angry. You go to talk to one of the best mal practice attorneys in the state. He looks over your case and drops a bombshell. The most amount of money that malpractice insurance for the docs and the hospital is $2000. See, you live in Texas. The same Texas that brags on their tort reform bill that passed about 10 years ago. There's a formula worked out for malpractice awards based on your earnings, responsibilities. Sadly, in the eyes of Texas, your baby is only worth 2 grand.

Btw, this was based on a true case.

Responses:

I think I'd be more worried about getting that doctor fired than trying to profit off my child's death. - Dr.Vermin Dec 22, 10:33 7
- It's not about profiting, it's about punishing. That's why they are called PUNITIVE damages. -- nm - Beryllium Dec 22, 10:35 6
  - Like I said, I'd be concerned about getting the individual doctor punished. - Dr.Vermin Dec 22, 10:38 5
    - And how do you propose to get him fired? -- nm - Beryllium Dec 22, 10:39 4
      - I don't know. I haven't imagined my daughter's death all that thoroughly. - Dr.Vermin Dec 22, 10:41 3
        
        When the M&M board clears the doctor of wrongdoing, what recourse do you have? Litigation. It's a tool. Don't knock it. - Beryllium Dec 22, 10:42 2
        
        Fine, but It's a vastly overused tool. Surely you can acknowledge that. -- nm - Dr.Vermin Dec 22, 10:45
        
        (And, at that point, you also want to punish the M&M board, of course - so you name the hospital as a defendant) -- nm - Beryllium Dec 22, 10:43

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What would you do if your baby needed a tonsilectomy, there were problems and continued illnesses and those suckers had to come out.

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