Ebola on the horizon?

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  • printcraft

    INGO Clown
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    Didn't "win" the lawsuit, settled before filing. My understanding is that it was based on the (reported) fact that the patient disclosed he came from ebola-infected Africa, but the hospital treated him as if that were not a factor.

    That is a potentially legitimate malpractice claim. It was settled, in part, so the hospital could avoid VERY costly litigation. Costly in terms of money and hits to their reputation.


    Still, lawsuit based on deception. He broke the rules.
    The judge "should" laugh that kind of crap out of the courtroom.
     

    T.Lex

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    Still, lawsuit based on deception. He broke the rules.
    This part is far from clear. Liberia said he lied. Doesn't mean he actually did, as subsequent reporting revealed.

    I only nominally trust my own gov't. I'm even more skeptical of foreign gov'ts. :D

    The judge "should" laugh that kind of crap out of the courtroom.
    Again, I believe it didn't even get filed. I suspect the hospital did its own due diligence that revealed more issues with how they handled the case. They probably brought in the insurance company and settled for something more than the cost of litigation (which would easily be 6 figure money) and less than policy limits. Probably not lottery-sized money for the family, but several times more than their annual income.

    Dude died a horrendous death. A jury would not look kindly upon that.

    In the end, it was a business decision to settle.

    Edit:

    Oops - they did file a lawsuit. Apparently, it was resolved before any significant motions were filed, though. They probably got the statutory cap ($250k) which is probably about what it would have cost to litigate.
     

    cobber

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    Man who died from Ebola endured treatment delays - AOL.com

    Wait, wait. He initially tested negative for ebola?

    It's not unusual to see false negative tests for Ebola in the early stages because the amount of the virus in the bloodstream is still low, said Dr. Phil Smith, the infectious-disease expert who leads the Nebraska Medical Center's biocontainment unit.
    The U.S. government warns doctors to be wary of possible false negative tests for Ebola.

    So we should or we shouldn't worry when someone was exposed, but tests negative?
     

    dusty88

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    This is pretty screwed up.......

    Ebola victim's family settles suit against hospital

    The guy knew he was sick before coming to America..... he lied to get in........ and they still win a lawsuit against the hospital?


    There is some discrepancy about whether or not he knew about the infection before he came, but I agree with your point anyway. He received free-to-him, expensive-and-risky-to-everyone-else medical care.

    They didn't have to "win" the lawsuit though. The lawyers and insurers have a great racket going over most American professions. The lawyers tell you that you must settle because it's cheaper than a court fight. The insurers therefore won't pay for the court fight, they instead pay the settlement, and the lawyers keep increasing the data on the settlements as well as getting their cut.

    For any liability insurance you buy, it is useful to find out if your insurer will let you decline the "settlement" or if they alone get to make this decision.
     

    T.Lex

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    They didn't have to "win" the lawsuit though. The lawyers and insurers have a great racket going over most American professions. The lawyers tell you that you must settle because it's cheaper than a court fight. The insurers therefore won't pay for the court fight, they instead pay the settlement, and the lawyers keep increasing the data on the settlements as well as getting their cut.

    And, for a change in this thread, we shift to a matter where I'm a subject matter expert. :D

    The reality is that litigation IS very expensive. Only partly because of the lawyers. And frankly, if we didn't have trained lawyers doing it and just let clients try to do it on their own, it would be even MORE expensive.

    Medical malpractice is particularly difficult litigation because it is rarely simple. The more complex the issue, the more complex the litigation. The more complex the litigation, the more expensive.

    This ebola litigation would have been VERY expensive.
     

    dusty88

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    And, for a change in this thread, we shift to a matter where I'm a subject matter expert. :D

    The reality is that litigation IS very expensive. Only partly because of the lawyers. And frankly, if we didn't have trained lawyers doing it and just let clients try to do it on their own, it would be even MORE expensive.

    Medical malpractice is particularly difficult litigation because it is rarely simple. The more complex the issue, the more complex the litigation. The more complex the litigation, the more expensive.

    This ebola litigation would have been VERY expensive.

    I don't dispute that it measures out in favor of "no litigation" on each individual case. I still contend that it's a racket, or perhaps more accurately akin to a cartel that favors distribution of monies towards the FIRE industries (as do many things in our country at this time).

    When you have an industry that fights the litigation in a manner that defends the suit because it is defensible, and not just comparing the bottom-line dollar, you can keep those lawsuits in check. If you conversely make a habit of paying the suits, you create the statistical analysis that makes it worth filing the lawsuit and getting paid.
     

    T.Lex

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    When you have an industry that fights the litigation in a manner that defends the suit because it is defensible, and not just comparing the bottom-line dollar, you can keep those lawsuits in check.
    Sorta. The only problem is that (good) businesses tend to be run to make a profit. That includes law firms.

    Places that fight defensible lawsuits still end up paying money. It costs money when you win.

    Some insurance companies basically fight everything. Guess what. They end up spending about the same. (Based on my experience.)

    Anyway, deleted a bunch of stuff to keep this from going too off-topic. Would love to discuss further in a different thread. :)
     

    smokingman

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    Not a peep about this on any USA news media.Sad day when local news has to be read on media overseas,the Ebola tzar is doing a great job...and I believe his job is to limit media coverage in the USA.Seriously google this story you will only find news coverage over seas and plenty of time has passed for at least the local news in Brooklyn to be reporting it online.
     

    pudly

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    Undisclosed

    smokingman

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    Here is a report from ABC NY. According to them, the woman died of a heart attack. So NYFD brings out full hazmat suits for heart attacks now?

    Remains of woman who died at Brownsville, Brooklyn hair salon to be tested for Ebola | 7online.com



    Nope. No Ebola here.
    I did a quick search,and bleeding out of your eyes,ears,nose and other body openings is not a sign of a heart attack...curious.
    So the next question,since they are asking the ambulance crew to self monitor,can they track every contact she had in the last 18 days?
    In a city of 2.6 million I highly doubt that they can.



    There are new fears of a possible Ebola outbreak in New York City after a woman dropped dead on Tuesday afternoon.

    FDNY activated the Special Operations and Hazmat units after the the woman, who had recently traveled from Guinea according to a source on the scene, died at Amy Professional African Hair Braiding in Brooklyn.

    He then said he ran in there to find a woman laying on the floor.


    When asked what she was bleeding from, Costa said, 'face, nose, mouth, everything.


    Meanwhile, members of FDNY could be seen carefully changing into Hazmat gear outside before heading into the establishment, for what they referred to as a 'fever travel illness.'

    At the same time, individuals could be seen walking in and out of Amy Professional African Hair Braidig wearing no protection at all.

    It had been reported in October that an FDNY memo instructed all personnel to use more vague terms when discussing Ebola, such as 'fever travel incident.'

    Just a fever travel incident...nothing to see move along.
    http://www.zerohedge.com/news/2014-...ring-list-drops-dead-bleeding-face-mouth-nose

     
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