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Wrongful Life vs Wrongful Death

Pret Bjorn p.bjorn at netzero.net
Sat Jan 20 14:02:48 GMT 2007


Any way you look at it, this case begins with a dead patient.  In U.S. civil
law, there is keen awareness of "damaged goods."  Clinicians who are unable
to improve on pre-existing extremes of condition are not held to the same
accounting as those who through negligence allow, or contribute to,
morbidity or mortality.

How this translates overseas, I don't know.  But the victim was dead when
these poor fellows met him.  Had they managed to revive him -- especially to
functional return -- most observers would characterize the outcome as one
degree or other of miracle.  Even expert healthcare providers would admit
that such is well beyond the routine.

So in objective terms, the medics are accused of failure to perform a
miracle.  

Just what standard are we aiming for?

Pret Bjorn, RN
Bangor, ME USA

-----Original Message-----
From: trauma-list-bounces at trauma.org [mailto:trauma-list-bounces at trauma.org]
On Behalf Of Sohail Muzammil
Sent: Saturday, January 20, 2007 4:48 AM
To: Trauma & Critical Care mailing list
Subject: Re: Wrongful Life vs Wrongful Death

Way to go Bob

S Muzammil, FRCS
----- Original Message -----
From: "Bob Waddell II" <bobwaddell at bresnan.net>
To: "'Trauma &amp; Critical Care mailing list'" <trauma-list at trauma.org>
Sent: Thursday, 18 January, 2007 9:30 PM
Subject: RE: Wrongful Life vs Wrongful Death


No disrespect Mr. or Dr. Horan, but it is equally possible the patient was
stung by a bee or hit by a micro meteorite causing asystole.  It is summer
in Queensland and they are remarkably close to the hole in the Ozone layer.


Several have stated that the published evidence was scant at best.  What is
deficient here is the lack of knowledge of human physiology interacting with
common sense.  Some trauma is non-survivable.  At other times the patient
simple has not read the book on how they are suppose to survive an event or
how they are suppose to perish from it.  We did fail Dr. Holmes in not
finding the published evidence because it would appear that there is none to
support our various opinions.  Equally important, in my opinion, is the fact
that we and I will assume the defense lawyers/professional defense witnesses
have no published evidence to support their claims either.  Some patients
die and often the people with the most difficult decisions to make are the
ones chastised for making the wrong decision, regardless of which decision
they would have made.  Death often has a "No Win" outcome for those trying
the hardest to care.

My personal opinion and only mine.

Take care,

Bob

(307) 920 - 2020 cell

bobwaddell at bresnan.net

-----Original Message-----
From: trauma-list-bounces at trauma.org [mailto:trauma-list-bounces at trauma.org]
On Behalf Of Thomas Anthony Horan
Sent: Thursday, January 18, 2007 8:03 AM
To: Trauma &amp; Critical Care mailing list
Subject: RE: Wrongful Life vs Wrongful Death

Dear K and fellow travellers,

Apart from testimonials not one of you have been able to post one shread of
help from the literature, or guidelines from associations, hospitals or
professional organizations. In otherwords your help has all been passing gas
per os and a promise of a junket to Australia. it is possible that the
patient became asystolic the moment prior to extrication. it is possible
that even if brain dead he would have made a good donor if ressusitated.
apart from your declarations of support what do your hospital and EMS
guidelines state to cover this situation?

That is afterall the request that John made in his first post.

tom horan

> ----------
> From:
trauma-list-bounces at trauma.org[SMTP:trauma-list-bounces at trauma.org] on
behalf of KMATTOX at aol.com[SMTP:KMATTOX at aol.com]
> Reply To: Trauma &amp; Critical Care mailing list
> Sent: quinta-feira, 18 de janeiro de 2007 12:06
> To: trauma-list at trauma.org
> Subject: Re: Wrongful Life vs Wrongful Death
>
>
> In a message dated 1/17/2007 5:06:56 P.M. Central Standard Time,
> bobwaddell at bresnan.net writes:
>
> Dr.  Mattox - I think you're going to need a 747 or larger for your group
of
> expert witnesses!!
>
>
>
>
> Bob:   I like your attitude.   Are you on board to help  defend fellow
> clinicians if needed?    I hope  so,    I would suspect that if necessary
we could
> mobilize more  than 500 people to appear in any court in the world.
>
> k
> --
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