Rob's House Posted June 24, 2015 Posted June 24, 2015 (edited) They gave this guy $200k and the media's hell bent determined to keep that poor woman from having a career just because she talked **** about a guy while he was under and for writing on his chart that he had hemorrhoids. Didn't we already kinda know this stuff happens anyway? http://www.washingtonpost.com/local/anesthesiologist-trashes-sedated-patient-jury-orders-her-to-pay-500000/2015/06/23/cae05c00-18f3-11e5-ab92-c75ae6ab94b5_story.html He found that he had recorded the entire examination and that the surgical team had mocked and insulted him as soon as he drifted off to sleep. In addition to their vicious commentary, the doctors discussed avoiding the man after the colonoscopy, instructing an assistant to lie to him, and then placed a false diagnosis on his chart. “After five minutes of talking to you in pre-op,” the anesthesiologist told the sedated patient, “I wanted to punch you in the face and man you up a little bit,” she was recorded saying. Ingham then mocked the man for attending Mary Washington College, once an all-women’s school, and wondered aloud whether her patient was gay, the suit states. Then the anesthesiologist said, “I’m going to mark ‘hemorrhoids’ even though we don’t see them and probably won’t,” and did write a diagnosis of hemorrhoids on the man’s chart, which the lawsuit said was a falsification of medical records. Edited June 24, 2015 by Rob's House
ICanSleepWhenI'mDead Posted June 24, 2015 Posted June 24, 2015 The plaintiff, identified in court papers only as “D.B.,” wanted to maintain his anonymity Wonder if his last name was "Cooper?"
K-9 Posted June 24, 2015 Posted June 24, 2015 I don't know, I've grown numb to all these reports of nefarious anesthesiologists.
ICanSleepWhenI'mDead Posted June 24, 2015 Posted June 24, 2015 I don't know, I've grown numb to all these reports of nefarious anesthesiologists. "Nefarious anesthesiologists" would be a pretty good band name. Outlaw music that gives you an escape from life's pain and troubles.
Maury Ballstein Posted June 24, 2015 Posted June 24, 2015 (edited) 200k for being mocked while passed out ? Lame. Congrats fat guy that will buy a lot of cheese doodles. Sounds like Dr Shah is into this little blondie with the big mouth. Edited June 24, 2015 by Ryan L Billz
KD in CA Posted June 24, 2015 Posted June 24, 2015 They gave this guy $200k and the media's hell bent determined to keep that poor woman from having a career just because she talked **** about a guy while he was under and for writing on his chart that he had hemorrhoids. Didn't we already kinda know this stuff happens anyway? This is sarcasm, right? No sympathy here for that c---. Karma's a B word.
Doc Posted June 24, 2015 Posted June 24, 2015 Writing down "hemorrhoids" on the record is inexcusable. However talking bad about someone, while in poor form, doesn't merit a lawsuit. The precedent that sets is very bad.
\GoBillsInDallas/ Posted June 24, 2015 Posted June 24, 2015 (edited) However talking bad about someone, while in poor form, doesn't merit a lawsuit. It does merit a lawsuit if either (a) you are saying it while on your job; (b) you have a job that requires a professional license; (c ) you make comments that mock a person's sex/sexuality; and (d) you do not report such actions made by a colleague or co-worker. Any one of these four reasons merits a lawsuit - all four of them (like this situation) is a slam-dunk. Edited June 24, 2015 by \GoBillsInDallas/
Pine Barrens Mafia Posted June 24, 2015 Posted June 24, 2015 It does merit a lawsuit if either (a) you are saying it while on your job; (b) you have a job that requires a professional license; (c ) you make comments that mock a person's sex/sexuality; and (d) you do not report such actions made by a colleague or co-worker. Any one of these four reasons merits a lawsuit - all four of them (like this situation) is a slam-dunk. MATLOCK HAS SPOKEN
FireChan Posted June 24, 2015 Posted June 24, 2015 (edited) It does merit a lawsuit if either (a) you are saying it while on your job; (b) you have a job that requires a professional license; (c ) you make comments that mock a person's sex/sexuality; and (d) you do not report such actions made by a colleague or co-worker. Any one of these four reasons merits a lawsuit - all four of them (like this situation) is a slam-dunk. Does recording someone without their knowledge or consent merit a lawsuit? How does making a mocking comment about a rare diagnosis count as defamation? The real problem is exactly what the one lawyer says: “Usually, all [legal] publication requires is publication to someone other than the plaintiff,” Berlik said. “If one of the doctors said to someone else in the room that this guy had syphilis and tuberculosis and that person believed it, that could be a claim. Then it’s up to the jury to decide: Were the statements literal assertions of fact? The jury apparently was just so offended at this unprofessional behavior that they’re going to give the plaintiff a win. That’s what happens in the real world.” The patient asked for $1.75 million because he heard mean comments. Did the physicians act inappropriately? You bet. Did the comments about misleading the patient go over the top? Yep. Do I think this warranted a payout of $500k? No. Edited June 24, 2015 by FireChan
\GoBillsInDallas/ Posted June 24, 2015 Posted June 24, 2015 Does recording someone without their knowledge or consent merit a lawsuit? How does making a mocking comment about a rare diagnosis count as defamation? It is legal in many states to record people without their knowledge - The laws very from state to state. Medical personnel are required to maintain professional behavior - that is why they take oaths and are required to sign oaths. Their medical standing puts them on a different legal plain than John Q. Public.
Rob's House Posted June 24, 2015 Author Posted June 24, 2015 This is sarcasm, right? No sympathy here for that c---. Karma's a B word. Humor more than sarcasm. I think being sued, smeared in the media, and stripped of your livelihood is a bit harsh for making fun of a grown man who was extremely unlikely to have ever known about it anyway. It does merit a lawsuit if either (a) you are saying it while on your job; (b) you have a job that requires a professional license; (c ) you make comments that mock a person's sex/sexuality; and (d) you do not report such actions made by a colleague or co-worker. Any one of these four reasons merits a lawsuit - all four of them (like this situation) is a slam-dunk. This is bull ****. It's just one more step to an antiseptic society. Doc's right on this one. It's bad form but does not merit compensation. And it's far from a slam dunk. It took misapplication of slander law to get him the award.
FireChan Posted June 24, 2015 Posted June 24, 2015 (edited) It is legal in many states to record people without their knowledge - The laws very from state to state. Medical personnel are required to maintain professional behavior - that is why they take oaths and are required to sign oaths. Their medical standing puts them on a different legal plain than John Q. Public. And that means they can't make jokes that patient's can't hear? Legally? Nope. Hospitals can fire them and strip them of their licenses, but there is no law being broken. There is no "Hippocratic Law" being violated by making a joke about a patient. Using defamation as a loophole proves it. This is a bad precedent. Also, it is legal to record in the state that this happened. Which is much more egregious, IMO. Both parties should need to consent as citizens. Edited June 24, 2015 by FireChan
Deranged Rhino Posted June 24, 2015 Posted June 24, 2015 "Nefarious anesthesiologists" would be a pretty good band name. Outlaw music that gives you an escape from life's pain and troubles.
dpberr Posted June 24, 2015 Posted June 24, 2015 As one of America's finest poet laureates once espoused... Don't start nothing. Won't be nothing. I'd give the guy a million dollars just because it's weak to talk trash to somebody who's passed out and all that bitching. There should be consequences for that.
Deranged Rhino Posted June 24, 2015 Posted June 24, 2015 As one of America's finest poet laureates once espoused... Don't start nothing. Won't be nothing. I'd give the guy a million dollars just because it's weak to talk trash to somebody who's passed out and all that bitching. There should be consequences for that.
KD in CA Posted June 24, 2015 Posted June 24, 2015 Humor more than sarcasm. I think being sued, smeared in the media, and stripped of your livelihood is a bit harsh for making fun of a grown man who was extremely unlikely to have ever known about it anyway. This is bull ****. It's just one more step to an antiseptic society. Doc's right on this one. It's bad form but does not merit compensation. And it's far from a slam dunk. It took misapplication of slander law to get him the award. Unless she was stripped of her medical license, I don't think she's been punished too severely. This wasn't just someone walking down the street, this woman was responsible for his life at the time. I think we should expect some minimal standards of conduct and professionalism from doctors/medical professionals. It is well documented that careful adherence to procedure greatly reduces risk during medical procedures. She certainly wasn't giving her full attention to her job if she was busy thinking up clever insults and writing false information on his chart. I don't know if it merits compensation to him but it certainly merits punishment to her. Much like idiots who ruin their own lives on social media, she did it to herself for no valid reason other than her own arrogance. So, !@#$ her and anyone else who would do the same.
Rob's House Posted June 24, 2015 Author Posted June 24, 2015 Unless she was stripped of her medical license, I don't think she's been punished too severely. This wasn't just someone walking down the street, this woman was responsible for his life at the time. I think we should expect some minimal standards of conduct and professionalism from doctors/medical professionals. It is well documented that careful adherence to procedure greatly reduces risk during medical procedures. She certainly wasn't giving her full attention to her job if she was busy thinking up clever insults and writing false information on his chart. I don't know if it merits compensation to him but it certainly merits punishment to her. Much like idiots who ruin their own lives on social media, she did it to herself for no valid reason other than her own arrogance. So, !@#$ her and anyone else who would do the same. And if the punishment was suspension or losing her job it wouldn't bother me. And if she'd done something that legitimately and substantially threatened his health I'd be ok with it too. But it's a pretty !@#$ed up society that feels the need to destroy the livelihood of anyone they don't know who acted like an !@#$ once.
KD in CA Posted June 24, 2015 Posted June 24, 2015 And if the punishment was suspension or losing her job it wouldn't bother me. And if she'd done something that legitimately and substantially threatened his health I'd be ok with it too. But it's a pretty !@#$ed up society that feels the need to destroy the livelihood of anyone they don't know who acted like an !@#$ once. It's not about destroying anyone's livelihood -- people have short memories, she can recover. It's about upholding the expectation that medical professionals have standards of conduct beyond what the vast majority of us do at work. She did in fact threaten his health by not following protocol as carefully as possible, it just didn't cost him. There are thousands of documented cases of practitioners not following protocol where the results were catastrophic for the patient. I understand the anti-mob argument you're making, but IMO this case is a poor example. This isn't a case of being misunderstood or misquoted. It wasn't a drunk twitter. She knowingly acted in a grossly unprofessional manner at the critical moments of her job and is now paying the price. People certainly have a right to know what to expect from their medical practitioners so public reaction is part of that price.
Recommended Posts