This better get dismissed:
Hernandez, a 26-year-old illegal immigrant, was arrested “” along with his girlfriend, 22-year-old Yuribel Najera “” last year in connection with the death of their daughter, two-month-old Judith Hernandez. They are both charged with homicide by child abuse.Hernandez is accused of slamming the newborn against a wall in a fit of rage. Najera allegedly failed to get her daughter the medical attention she needed for nearly 24 hours.
Once the baby was taken to the hospital, she was transferred to MUSC where she remained on life support for 40 days before the doctors pulled the plug.
Even though he is the one who allegedly caused his daughter to suffer the injuries, Hernandez is suing because he feels the hospital had no right to disconnect the life support without his permission.
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Allegedly this. Allegedly that. Trying to avoid a murder rap? That’s easy. Pass it off on the doctors. This thing should not even be on the books to dismiss!
Moreover how many people are going to have to spend money and jump through hoops before it does get dismissed?
And what kind of sick/moronic lawyer files a case like this?
All questions for those who oppose tort reform I guess.
“And what kind of sick/moronic lawyer files a case like this?”
The same type of attorney that would bring in a junk science treating provider to parrot a litigant’s causation claim. Providers acting in their best immediate financial interests by aiding the ATLA should not be surprised when the ATLA turns on them and supports BS cases such as the one described in the underlying post.
Agreed, on principle. But in a number of states, malpractice claims can be filed WITHOUT a medical expert’s affidavit. All the lawyer needs is the filing fee. The hired medical guns factor in much later . . . AFTER the attorneys have been hired, and the deep pockets have been shaken down, and the doctors have been put through the ringer.
Now this guy’s argument is really special. He’s saying, “I did not want my daughter to die (even though I’m the one who slammed her into a wall and then let her go without medical attention). I wanted her to exist brain-dead on life support forever (at the tax-payer’s expense no less because I’m here illegally). It wasn’t enough for me to slam her tiny body into the wall . . . or let my neglect finish the job. I’m her Daddy and I had all the rights. Ergo, the doctors killed her.”
This stuff makes me angry. It makes me sick.
No current tort reform proposal would have any bearing on the result of this case. So I wouldn’t hold my breath.
This lawsuit actually makes sense. If he can blame the doctor for the death of his child then he can use it as evidence in his court case that he is not guilty of murder. Arguing instead, that he’s guilty of battery or some such.
This isn’t about malpractice it’s about keeping him out of prison.
anonymous 5:33 pm said:
“This isn’t about malpractice it’s about keeping him out of prison. “
Except that for the doctor it is very truly about malpractice.
“This isn’t about malpractice it’s about keeping him out of prison. “
Yeah, don’t take it personally, Look at it this way: you, the chump doctor are doing your part to advance this noble experiment in criminal and civil law. THERE. Doesn’t that make you feel better about it??
In the words of Michael Corleone: It’s not personal. It’s just business.
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