I dunno about this...
A California woman is suing a hospital for wrongful death because her husband fainted and suffered a fatal injury after helping delivery room staff give her a pain-killing injection.
...
The sight of the needle caused Steven Passalaqua, 33, to faint and he fell backward, striking his head on an aluminum cap molding at the base of the wall. Jeanette Passalaqua delivered the couple's second child, a boy, later that day. Steven Passalaqua, however, suffered a brain hemorrhage as a result of his fall and died two days later, the lawsuit said.
...
The suit seeks unspecified damages related to Steven Passalaqua's death and to Jeanette Passalaqua's emotional distress at being widowed with two young children.
Because Passalaqua was solicited by Kaiser to assist in the epidural, the lawsuit said, the hospital "owed him a duty to exercise reasonable care to prevent foreseeable injuries resulting from his participation." [full story]
OK, first of all... what a pussy. He faints at the sight of
someone else getting a shot? OK, fine.
But hey. Lady. You know, sometimes shit just happens. Accidents happen. You can't blame all the shit in your life on someone else. Maybe, when they asked your husband to assist in giving the epidural, you coulda spoke up and said "Hey, maybe he shouldn't. He's a big pussy and all." Well, maybe she'd phrase it nicer, but you get the point.
Yes, it's tragic that your husband died. But it's not like he fainted and fell on a box of knives that somebody carelessly left out - he hit something on the wall; something you probably would have never noticed. I can't see how you can hold the hospital liable for something that they couldn't possibly forsee. I mean, what if that molding wasn't there, he hit his head on the wall, and died anyway? What then? Take all the walls out of hospitals?
To paraphrase Freud... sometimes an accident is just an accident.
Posted by mikey at 01:47 PM.
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"...
what a pussy."
This is
exactly what I thought the first time I read this. All he had to do was stand next to her and hold her steady. To me, that doesn't count as assisting with the epidural.
It sucks that the dude is dead and that the woman will have to raise her kids alone, but I don't think that she should get any money from the hospital.
Posted by
Becki on 07/09 at 02:49 PM
Amen, bra. We just had a kid out here who fell out of a carnival ride to his death over the holiday weekend, and the father's suing for neglience, natch -- even though the equipment was rendered safe by inspectors before AND after the accident. I was covering it, and rumors abounded that the kid jumped on the ride AFTER it started, that he was screwing around and showing off for his grandmother, etc. But somehow, the equipment is unsafe.
Yeah, I know, I'm heartless.
Posted by
Broad on 07/09 at 03:55 PM
I once got hit upside the head with the electronic sliding doors at a Walmart when they malfunctioned. The manager (as well as other employees and customers) ran over to see if I was okay. The very first thing he did was offer to refund me for the money I had just spent in there in exchange for me not sueing them. Its really ashame everyone is so quick to slap people with lawsuits over things there is no control over. The manager was shocked when I wouldnt let him refund me and even more shocked when I said I wasnt gonna sue.
Posted by
Ro on 07/09 at 07:32 PM
Can I get a witness from the congregation?!
I couldn't agree with you more. It's a sad situation, but you can't blame the hospital for the guy being a pussy. Although an epidural isn't exactly a pleasant thing to watch-- I know, I've seen one.
The woman is just angry as hell for her misfortune, but I can't see how trying to make money off it is going to alleviate her pain.
Very sad, indeed.
Posted by
Gabe on 07/09 at 08:39 PM
Damn, I once slipped and fell on the asshole.
Oh shit, I said asshole.
Oh godammit, I said shit.
Oh fuck, I said shit.
Oh boy.
I love Percocet
Posted by .(JavaScript must be enabled to view this email address) on 07/09 at 09:27 PM
Okay...I'm going to be the different one here.
For one thing, she suffered not only the loss of her husband, her partner for life, and the father of her children, but also the loss of his income. Which could mean a loss of the home for her & her children. I would be in a world of hurt in her shoes.
For another thing, this suit will probably not even go to trial. It will be settled for way less than she is suing, and after that, her attorney will get 1/4 to 1/3 of that. The attorney, by taking a fee like this, will not be charging her an hourly rate, or for incidentals.
And finally, the hospital I'm sure has some kind of insurance that will cover the settlement amount. And when you think about it...don't you get a little frustrated when you pay your car or home insurance, and you NEVER use it?? Don't you think...I could SO use this money for something else? And there is also those instances where your health insurance provider denies a claim of yours that is legitimate, then you have to spend time arguing with them in the hopes that they will pay.
I know there are too many frivolous lawsuits being filed. But I also feel that insurance companies get by with not paying claims when they should. If someone can get some money out of any insurance company, even in a manner such as filing a negligence suit, then more power to them.
Please don't hurt me. I just wanted to offer another prospective.
Posted by
Christy on 07/10 at 04:26 AM
I hope she takes them for a long, hard ride.
Epidurals are medical procedures. Hospitial staff have no business allowing a layman to participate in a ghastly, harrowing procedure.
That's what they get paid for.
Posted by
Miss Ann Thrope on 07/10 at 08:37 AM
first off this is their second birth! U would think he would know if he wants to see an epidural. i have seen them and its pretty nasty cuz the needle sticks out etc.. but he knew what it entails and he should have tried to alert people that he wasnt feeling well or etc. I worked as a volunteer in a hospital and one of my friends fainted, she didnt feel well and went to try to sit down.... anyway its sad this happened but its not the hospitals fault.
Posted by Linda on 07/10 at 11:13 AM
I appreciate your comments, Christy and Miss Ann Thrope, but really, how popular would a "no husbands present during birth" policy be? Because that's the only thing that could have prevented this. Do you think that anybody would oppose this policy? I'm thinking that a lot of people would.
Posted by
mikey on 07/10 at 11:43 AM
I'm not opposing husband's during birth. I'm opposing hospital staff allowing husbands to "help" the staff.
When my friend was having her baby, I was there, another friend and her husband. The nurse gave ME a bunch of those waterproof pads to change under her when the gook got to be accumulating. And there's a lot of stuff that comes out of there before the baby does.
I didn't ask for this housekeeping duty, it was handed to me by staff who are too busy to look after these women themselves.
I also don't believe that cord cutting is something a husband should be doing. They train people for this.
As to it being the second birth, nobody knows whether or not the first one required an epidural, so it's a moot point. Also we were all removed from the room when my friend got her epidural. Apparently they know this is a bitch to watch. At least that hospital did, regardless of the housekeeping duties.
This is probably (well it is) a really bad analogy but what's next? Hold the clamps to keep gramma's chest open while the surgeons perform her open heart surgery?
I have no problem with men attending the birth of their children. I think it's a good thing. However, I'm all about giving them a big old barcalounger he can park his ass in and pull up bedside. Until he's sure he can handle it, he can sit his ass safely down.
And think about it, would you hold your child down while Doctors had to put an IV in a vein in her head? Been there, seen it. They asked her mom to help hold her, she refused. They asked me. I refused. Her mom didn't want her associating pain with her. I didn't want that trauma for me or for her.
Also, we pay a truck ton of cash for medical coverage. Let them do the jobs they're trained for. The don't need to involve laymen in medical procedures.
And truth be told, I've attended about 4 births. When the last one had to be a c-section, I opted out of going in the operating room. It's not that I don't want to hold my friend's hand, it's that I'd rather not vomit in a sterile enviorment. Or pass out. Or both.
I'm thinking of the money we pay for medical care. I'm thinking of trained hospital staff. I'm thinking of being handed pads and sheets as if I were a nurse's aid. As if I were getting paid to do the job of a nurse's aid. the hospital has certain responsibilities to keep people relatively safe. Involving them in medical procedures is not safe.
This is, of course, just my long winded opinion.
Posted by
Miss Ann Thrope on 07/10 at 02:59 PM
"
Until he's sure he can handle it, he can sit his ass safely down."
aye, there's the rub. no man will ever admit "no, i can't handle that." not when it comes to something like that, anyways.
"
And think about it, would you hold your child down while Doctors had to put an IV in a vein in her head?"
well, obviously not. but that's not the birth of something i made, either. you gotta think, with all the "sensitive" men around, i'm sure there are a ton who would DEMAND to help with the deliver of THEIR kid.
"
Also, we pay a truck ton of cash for medical coverage. Let them do the jobs they're trained for. The don't need to involve laymen in medical procedures."
you see, the "need" isn't what's at issue here. we all know they don't NEED the guy there. but really, how many guys do you know that would want to participate? a lot? especially since a lot of men see birthing as a procedure where nothing can go wrong (which we all know, it can).
basically, what i'm saying is, it was an accident. i don't see the hospital at fault, any more than the guy. i mean, really, shouldn't there be some burden on the guy (or his wife) to stand up and say "Hey, you might not want me doing this. I get queasy easily."
i think the main reason that we pay a truck ton of cash for medical coverage is because of frivolous lawsuits. I'm not saying that this is one of them, but "cashing in" should never be a reason that you sue someone.
Posted by
mikey on 07/10 at 03:32 PM
My point wasn't so much about husbands being present or not. My ex-husband hit the rode when they did my epidurals! He didn't want to see it. Hell, I'm glad I couldn't see it myself.
I can't say that any medical professional, when either of my children were born, asked for any help from my ex-husband. They did their jobs. I find it strange that one did in this instance.
I just wanted to offer my view on what I thought were the reasons "why" she sued and how it would probably all be resolved.
Posted by
Christy on 07/10 at 03:32 PM
It's a sue happy world. Especially in my profession. There are just some greedy bastards out there.
How much money does it take to raise someone from the dead?
I'm just sayin....
Posted by
happyfeet on 07/10 at 04:08 PM
How much money does it take to raise two children alone?
Posted by
Miss Ann Thrope on 07/10 at 04:26 PM
So, anytime we experience hardship in life, we should look for someone to sue?
It's not like she's the first woman ever to raise two kids alone.
Life is sometimes unfair. Period. You can't sue because you don't like what life gives you. You say that the hospital should have removed him from the room, but I say that he should have removed himself. It's all about personal responsibility.
Posted by
mikey on 07/10 at 04:35 PM
yeah, that's a dumb lawsuit, but did you hear the one about the Russian that's suing NASA for probing the comet? she's asking for $300 million because it caused her "moral trauma" and "deformed her horoscope". i'm totally not making it up.
Posted by
geeky on 07/10 at 07:19 PM
I'm raising THREE kids alone.
Sure it costs a whole hell of a lot more then I have but does that mean anyone owes me anything in return.
Having worked in the medical field (ehem okay I was a medical receptionist shut up) for 10+ years I can honestly say IF a hospital employee asked that womans husband to help it was either because a.) that person was a real moron or b.) the wife was spazzing out and they needed the husband to step in so she would calm down.
It happened, its tragic, its sad but its part of life like Mikey said. You cant change things or bring the guy back by fileing a lawsuit that will probably never make it to trial anyway.
I feel sorry for the woman as a woman and a mother but it still will not bring her husband back. Should the hospital maybe offer her a little sumthin-sumthin? Perhaps. But should they be sued? No.
Thats just my oppinion though. And now I will step off of my soapbox.
*step*
Posted by
Ro on 07/10 at 08:45 PM
If her husband had passed out just from watching and hit heis head, would she sue the hospital. It's a tragic unfortunate accident. You can't bring him back, she wants money so she doesn't have to go back to work.
That's my opinion on it.
Posted by
Libragirl on 07/11 at 01:43 PM
Oh goodness. Now I wish Mr. Z had pulled a muscle or something when we were in the hospital in Seattle and the radiology tech asked him to help lift me onto the x-ray table thing-y. We totally could have sued. Mr. Z? Honey? Doesn't your back hurt? I'm heavy...right? I know you pulled a muscle.
Posted by
mrs z on 07/11 at 04:21 PM