The defense is asking for damages in a malpractice case where the hospital admitted fault

Even the defense is asking for damages in this malpractice case where the hospital admitted fault

“Some damages seem inevitable, as William Beaumont Hospital admits its fault in the fire. The hospital’s lawyer, Keefe Brooks, said it is rare for a defense lawyer in a civil trial to ask for damages.

‘Yes, it’s true that William Beaumont Hospital caused that fire,’ said Brooks. “William Beaumont Hospital caused Nathan to suffer the burns.

‘On behalf of William Beaumont Hospital, we apologize to the Laporte family,’ he said turning to the parents, Craig and Shelley Laporte of Macomb, adding that he hoped the jury would award an appropriate damage.”

Comments

Curious JD
Just think, if that were in a state with the typical proposed caps, the rest of that boy’s life would be only worth $250,000.
Anonymous
Plus the continued cost of care (curious of you to forget that little multimillion dollar tidbit).
Curious JD
I didn’t forget it at all. None of that goes to compensate him for his loss of quality of life. Nor does he recover anything for lost earnings like, say, you would. The continued cost of care award ends up with his medical providers. You, in other words.
Much of the award in a medical malpractice case with a large award is merely burden shifting. This boy is basically uninsurable from here on out. So society has a choice – all of us pay for his continued care or the responsible party can.
Anonymous
Oh, please ! Who is going to pay for that boy ? The future patients of that hospital. or you think the money will come from the CEO’s pension plan ?
Curious JD
So then are you advocating for universal health care? Or that the kid should just be given a “Ain’t life a bitch” button and sent home?
DrTony
Well, frankly, life is a bitch. I can accept the concept that there can be a standard where caps don’t apply. Gross, agregious negligence, such as if this hospital knew the sprinklers werent’ working and ignored it for financial reasons, would be an example.
Remember the movie “Class Action” with Gene Hackman? The “bean counters” at the auto company calculated that the costs of a recall and fixing the defective switch would be more than the future costs of legal action, so they didn’t fix the problem and tried to hide it. Obviously, they didn’t successfully hide it and our hero got a huge award for his client(s). I don’t think caps should have applied in that case.
If a doctor is drunk or deliberately ignores something because it isn’t worth the trouble, then caps should not apply.
However, if a doctor does his best and makes an “honest” mistake, then the aphorism “Life’s a bitch” might just apply. Not everything is someone’s fault and not everyone should be reimbursed by those not involved (other patients, stockholders, etc) for what is basically bad luck for the plaintiff.
Attack away, curious JD.
Anonymous
If that hospital would be a VA hospital, how much would that boy get ? That’s how much he would get with universal healthcare also.
If Vermont will pass the universal healthcare/one payer law, all malpractice lawyers should make plans to pack within the next year. Because guess what’s going to be the next healthcare law they pass ?
A while back, a jury awarded in Chicago, 2 mil to a family, after the mother was killed by a police car during a chase. The “child” was adult but…”distressed”. Guess how did Chicago police make their money back ? Well, I am sorry for the adult child but I should not have to pay her distress from my tax money. Nor do I care to pay her lawyer.
Curious JD
Dr. Tony, I agree with you that it shouldn’t apply in the most egregious cases. The problem is, in nearly every proposal, it DOES. Rare is the exception for gross harm. Even so, why should there be a cap if it’s just straight negligence?
Just because you make a mistake doesn’t mean you should be insulated from the harm you cause if that mistake falls below the standard of care. If I “mistakenly” pull out in front of you and you are injured, do you think because it was an honest mistake that I shouldn’t be held liable? Or that because I was driving my company’s truck that I shouldn’t have to pay because it hurts the shareholders? Should I get to cap your damages because it was an honest mistake?
You’re right, not everything is someone’s fault. I would never say that it was. I’d merely say that when you hurt someone because your actions fell below the standard of care, you ought to have to pay for it. Wouldn’t you agree?
That wasn’t an attack, was it?
Curious JD
Anonymous,
I agree with you on universal health care. Along with it will come a workers comp style system. Vermont, incidentally, only has around 50 malpractice cases filed a year.
You got a link for that Chicago case? I tend not to believe stories that sound like urban legends. But a question – if a copy driving negligently ran you down, should the City, and thus the taxpayers, not have to pay? What if a city construction job damaged the foundation to your house? Should they not have to pay you or your lawyer?
Anonymous
What does universal health care have to do with tort reform?
Future medical care is paid in malpractice cases. No tort reform proposal contemplated anywhere puts limits on economic damages (future medical care)……with the exception of government entities. They HAVE managed to limit their economic liability.
Anonymous
Why am I not surprised that this happened at Beaumont?
Anonymous
Curious or anonymous that little boy is struggling and negligence
should be paid by insurance companies that the dr.s or hospitals must have. Same as
one’s homeowners or automobile insurance! There is Not a dollar amount for anyone’s life however,
it would make things easier for
the little boy to cope and understand our system! What an introduction?? He doesn’t deserve a button he deserves JUSTICE…
Anonymous
Surprised It WAS Beaumont!!!
Come on they are getting so
good at Dodging litigation!!
They boust happily about it.
Anonymous
Don’t You have a Beaumont Doctor??
NOT!!!!!!!!!!!!!!!!

The defense is asking for damages in a malpractice case where the hospital admitted fault

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