$2M for kin of woman who died on NY hospital floor

[BlueJessamine]

Source: San Francisco Chronicle

The family of a woman who died on a hospital floor, struggling to get up while staffers ignored her, has settled a wrongful-death lawsuit against the city for $2 million.

But the family of Esmin Green, whose death was recorded on a hospital security video, still is awaiting a full investigation into what happened at the Kings County Hospital Center in Brooklyn, family lawyer Sanford Rubenstein said Wednesday.

"What remains most important to this family is the criminal culpability for those responsible for what happened and those who attempted to cover it up," Rubenstein said.

Green, a 49-year-old psychiatric patient, had been in a waiting room at the city-owned hospital for nearly 24 hours when she collapsed on June 19, 2008. Neither fellow patients nor the hospital's staff moved to help her, even as she thrashed her legs on the floor and tried to get up. Two security guards and a member of the hospital's medical staff can be seen on the video stopping to look at her briefly before walking away.


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/05/27/national/a171835D08.DTL

[Lorien]

1. And we humans are somehow better than the rest of the animal kingdom

for what reason again?

[siligut]

6. What is most unfortunate is that this sort of judgment is taught to health professionals.

I know some will disagree with me, and it is dependent upon personal experience, but some patients are deemed more important than others.

As this was a psychiatric patient, she may have been considered to be acting out. This is the wrong attitude; people come to the hospital for help.

[Blue_Tires]

12. and our healthcare system is fine the way it is

or at least that's what the profiteers keep telling us...

[WriteDown]

2. This brings up an interesting issue concerning UHC....

Will people be able to sue like this is UHC is implemented. Maybe some of our Canadian or British posters can help with that.

[Cal Carpenter]

3. That seems like a stretch

Can you elaborate on this theory? Is there some reason to think that laws about liability or neglect or whatever would no longer apply? I see no connection. Granted I'm no legal expert.

[elleng]

4. What you suggest is correct.

There is no connection. Liability stands alone.

[WriteDown]

9. See post 5. nt

[WriteDown]

8. See post 5. nt

[dipsydoodle]

5. As far as I'm aware

the NHS can ony be sued by an individual for negligence against themselves. I understand this to be a very lengthy process and doubt that legal aid would be provided for the person suing the NHS so it could be a very expensive process too.

Infact I don't think its literally the NHS which is sued : more likely to be the regional health authority which covers the hospital whatever which was at fault.

BTW - "single payer" if it followed the path of our NHS would eventually be de-centralised and then partly privatised believe it or not .

[WriteDown]

10. Interesting post..

Thanks for the explanation. I was hoping someone could clear that up.

[dipsydoodle]

11. The bit about semi-privatisation

actually refered to new hospitals etc. The government decided, in their infinite fucking wisdom, they didn't want them on the books so arranged for them to be built privately so's they lease them - go figure.

They're call PFI's. Some details here : http://www.dh.gov.uk/en/Procurementandproposals/Publicprivatepartnership/Privatefinanceinitiative/DH_677

"without immediate recourse to the public purse" my foot - they are in effect mortgaging our future. The USA has yet to get accustomed to such antics.

BTW - I'm not sure why but I thought you were in Spain ? Were you there ?

[WriteDown]

16. Haha, not in Spain...

Been there before, but I'm based in Dallas, TX now. I'm a transplant from NYC.

[elleng]

13. Thats for the Brits National Health Service.

What would happen in the U.S? Really depends on how whatever system is structured. Suing the govt for damages has never been not simple.

[ejpoeta]

7. but what will this do to prevent this kind of thing from happening again?

will they just remove the cameras?

[RaleighNCDUer]

14. Not enough. nt

[Liberal_in_LA]

15. I'm glad the family got something. It'd be better if the woman had her life back

[closeupready]

17. Excellent. And a most deserved judgment. I've been to hospitals in Brooklyn, and this is SOP.

IMO. At an emergency room in Brooklyn, I saw a child with a bleeding razor gash on his neck be directed to pediatrics 'upstairs' because the emergency room wouldn't deal with him.