Nurse's Suicide Highlights Twin Tragedies of Medical Errors

[KSig RC]

Originally Posted by DrPhil

Is there immense pressure to fire someone considering the threat of lawsuit?

Firing the individual generally does little to relieve the consequences of a lawsuit, at least from a practical standpoint - plaintiff's counsel will simply rail against the firing as 'proof' that the hospital knew the mistakes were egregious and so on.

Most would use the suicide as further evidence of same, although you might need kid gloves there.

Either way, I doubt their liability carrier would have the sway to 'force' a firing, especially if it isn't written into the hospital's regulations. Purely administrative.

[Ghostwriter]

Originally Posted by KSig RC

Firing the individual generally does little to relieve the consequences of a lawsuit, at least from a practical standpoint - plaintiff's counsel will simply rail against the firing as 'proof' that the hospital knew the mistakes were egregious and so on.

Most would use the suicide as further evidence of same, although you might need kid gloves there.

Would the plaintiffs attorney's be allowed to use an accused suicide as "proof of guilt" or would the Judge quash that right off the bat? I don't know whether I am reading you correctly.

[Kevin]

Originally Posted by Ghostwriter

Would the plaintiffs attorney's be allowed to use an accused suicide as "proof of guilt" or would the Judge quash that right off the bat? I don't know whether I am reading you correctly.

If I was the judge, I'd exclude it because the fact of the suicide is too prejudicial and not really probative at all. As far a "proof of guilt," she gave the baby 10x the dosage. I don't think there's a question of liability. The only question in my mind is how much the insurance company has to pay to make these parents whole.

[Ghostwriter]

Originally Posted by Kevin

If I was the judge, I'd exclude it because the fact of the suicide is too prejudicial and not really probative at all.

That's what I thought. The attorney's for the plaintive would give it a try but it wouldn't go very far.

[KSig RC]

Originally Posted by Ghostwriter

Would the plaintiffs attorney's be allowed to use an accused suicide as "proof of guilt" or would the Judge quash that right off the bat? I don't know whether I am reading you correctly.

Yeah, Kevin explained why "proof of guilt" isn't all that important - it's evidence of degree though, which influences damages decisions. The plaintiff attorney needs to drive anger to earn big figures - degree -> anger.

Also, by "kid gloves" I didn't mean "be nice about it" - I meant it would be hard to get in, so you'd have to work around it. I would agree with Kevin that it shouldn't be allowed, but that doesn't mean it wouldn't (each judge's view of what constitutes a 'clean record' obviously varies).

[Kevin]

Originally Posted by KSig RC

Yeah, Kevin explained why "proof of guilt" isn't all that important - it's evidence of degree though, which influences damages decisions. The plaintiff attorney needs to drive anger to earn big figures - degree -> anger.

And maybe the jury should be angry? Perhaps the hospital doesn't have safety measures which are common elsewhere implemented because it saves them money or time or because they just haven't considered it. We know none of that, and that is why the good Lord created discovery. There may be something for a jury to get mad about, and don't knock those big figures, if insurance companies didn't have to pay out big bucks, we'd have a culture where profitability outweighs life. I prefer to keep those number crunchers guessing as to how much it costs to kill and maim people.

Also, by "kid gloves" I didn't mean "be nice about it" - I meant it would be hard to get in, so you'd have to work around it. I would agree with Kevin that it shouldn't be allowed, but that doesn't mean it wouldn't (each judge's view of what constitutes a 'clean record' obviously varies).

I suppose it could arguably come in, but the only reason we're hearing about it is because it's extremely abnormal for something like this to happen, and maybe the insurance company types want us to see how ravaged these poor medical professionals are because of these mean, nasty lawsuits... and this isn't really the time or place for that. From where I sit, this is an open and shut case as to liability. Punitive damages are fair game though.