<p>That is my impression, as well. They seem very firm in their belief that they are in the clear. We’ll see what happens.</p>
<p>But one can never be sure of a jury, so it could be risky.</p>
<p>As has been said earlier, its highly unlikely this will go to a jury. That said, its likely they will sue the hospital and the doctors separately, if the doctors are not employees of the hospital and have their own malpractice insurance.</p>
<p>If it doesn’t go to trial, which is what I think, then the argument that the hospital is comfortable with its actions doesn’t hold. The bad PR only makes sense if they aren’t going to settle.</p>
<p>Yes, it looks like they are gearing up for a fight.</p>
<p>[Jahi</a> McMath family, Oakland hospital to enter mediation - latimes.com](<a href=“http://www.latimes.com/local/lanow/la-me-ln-jahi-mcmath-family-oakland-hospital-mediation-20140103,0,5708149.story#axzz2pMBUyNmv]Jahi”>Jahi McMath family, Oakland hospital to enter mediation)</p>
<p>They are entering mediation</p>
<p>They would appear firm in their belief even if they knew they screwed up badly. If anyone did anything leading to the death, they will offer the $250k plus medical costs and walk away. I think the only way it will be tried is if the plaintiff really has evidence of behavior so reckless that they could get punitive damages. With a low cap like $250k, the hospital could approach that in attorney’s fees if they defend. </p>
<p>Medical malpractice is not unusual. An estimated 100k people die in hospitals every year because of negligence. Many more die away from the hospital and many, many more are injured. Only the worst cases are actually litigated since it costs so much to bring suit.</p>
<p>Isn’t the hospital already eating a small fortune in care costs?
That’s assuming insurance isn’t paying for this, which is a pretty safe assumption since she was declared dead mid-December.</p>
<p>And I forgot to post the link to the quotation I posted in # 761 [Jahi</a> McMath: Case heads to federal court Friday - San Jose Mercury News](<a href=“Jahi McMath: Case heads to federal court Friday – The Mercury News”>Jahi McMath: Case heads to federal court Friday – The Mercury News) apologies</p>
<p>Good point, cartera. Their costs are likely more predictable if they try to settle for the legal limits. Even if they have in house counsel or a firm on a fixed annual contract (which has now crossed 2 years) there would probably be other costs (experts, etc) that could escalated the costs.</p>
<p>Jym, a case like this would not be handled on a fixed annual basis. The legal fees are already bound to be huge. There is no way it would be cost effective to litigate this. It probably runs between half a million and a million dollars a month. The timelines are very short, multiple courts are in play. That involves a lot of hands on deck.</p>
<p>Flossy, nobody yet knows what the fate of those medical costs will be. As Jym pointed out, the process takes a little while to complete in any event, but the matter is not yet resolved</p>
<p>The actual costs to the hospital (as opposed to what they bill) are not that large: Room which is there already, staff, meds. Maybe something in the order of $1-2000/day. Trivial amount to a hospital.</p>
<p>That’s why it feels like they think they’re in the right. For the hospital to keep her going for another month (by which point she could well develop pneumonia and die ‘naturally’) would not be that big a deal financially.</p>
<p>Watching media coverage of this awful case is really disturbing. There are 6-year olds protesting outside of this hospital. It’s just tragic all around. Nobody wins.</p>
<p>That is awful. In general I hate the idea of young kids protesting.</p>
<p>Decisions are starting to leak out of the courtroom and it looks like Zoosermom is basically correct about the outcome. I can’t link it but nothing has significantly changed so far.</p>
<p>The judge will allow but not compel the needed procedures for transfer.</p>
<p>Not only is protesting going on but people (strangers to the family)have also been trying to get in to the hospital to lay hands on Jahi,some people have been speaking in tongues, some trying to get near the family, etc. I can’t imagine the disruption to other families that have loved ones in that hospital that all this is causing (as well as to staff). It is stressful enough to have someone in the hospital without all this going on around you. I do hope it is resolved very soon.</p>
<p><a href=“https://twitter.com/LauraAnthony7[/url]”>https://twitter.com/LauraAnthony7</a></p>
<p>Here’s the link.</p>
<p>I can’t link a pdf, but if you scroll down to the bottom of the article, you can see the documents Jahi’s attorney filed with the federal court. The “facts” are not correct, and it is maddening. He claims she had a “routine” tonsillectomy, suffered “brain damage” and is now disabled under section 504. Please. Enough. She isnt disabled. She is deceased. [Jahi</a> McMath: Case heads to federal court Friday - San Jose Mercury News](<a href=“Jahi McMath: Case heads to federal court Friday – The Mercury News”>Jahi McMath: Case heads to federal court Friday – The Mercury News)</p>
<p>Jym, as Cartera said earlier, the word routine has a different meaning in the legal sense. It doesn’t mean without risk. Also, in every court proceeding, each side presents its version of facts and the court decides which are actually valid. There is nothing inappropriate i what the lawyer said. Jahi did suffer brain damage. Brain damage leading to death.</p>
<p>Yes I am aware of that. Its just maddening to see the “facts” distorted. A dead body does not qualify under ADA, or section 504 of the rehab act.</p>