Brain-dead girl; family won't let go

<p>At least one private hospital currently has cameras in ICU and patient rooms, with nurses monitoring from their station. And, in at least one case, it has resulted in confirming suspected elder abuse. The patient’s children were notified there were cameras but I don’t believe the hired caregiver was aware.</p>

<p>I have finally caught up with reading this thread. Next time I have to sit in a hospital, with a family member in crisis, I want zoosermom sitting next to me.</p>

<p>[Cameras</a> watch over ICU patients at San Francisco hospital | 6abc.com](<a href=“http://abclocal.go.com/wpvi/story?id=9367083]Cameras”>http://abclocal.go.com/wpvi/story?id=9367083)</p>

<p>Well, it appears sometimes there are. Don’t know about CHO.</p>

<p>That’s interesting, alh and Flossy. I don’t recall cameras but I could be mistaken. As someone said earlier, when you are dealing with a family member fighting for their life, some of it is a blur. I can see that cameras could help to monitor patients. I guess the cameras would pick up personal communications between family members. I guess that could be okay as long as everyone knows that is happening.</p>

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So depending on the number of defendants it could be very worthwhile to sue.</p>

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You call me, I’m there. God forbid you are ever in that situation.</p>

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<p>I’m sorry. I meant per claimant. I was thinking one but typed the other. It is $250k per plaintiff.</p>

<p>Who is a possible plaintiff? The mother, the father… the siblings? The stepfather? I’ve read somewhere that the uncle has no claim.</p>

<p>In a wrongful death case, the heirs are the plaintiffs. The parents would be the heirs. There is still only $250k awarded.</p>

<p>Do we have (potential) wrongful death AND malpractice here? Can they bring a suit for both of those?</p>

<p>It varies by state (who can be plaintiff). In Florida, only my father had legal standing for a wrongful death case when my mom died.</p>

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<p>No, it would be one cause of action. </p>

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<p>Florida has some wonky statues controlling who can sue for med mal/wrongful death. If a elderly person dies with no spouse, the children can sue for the funeral expenses only. Your dad had a much better cause of action because he could claim other types of loss. The law is protective of the health care providers.</p>

<p>There was mention of a civil rights lawsuit. I myself do not think that dead people have civil rights to be violated, but the jury may disagree.</p>

<p>The question of whether a brain dead entity is a “person” would be a question of law for a judge to decide, not a question of fact for the jury.</p>

<p>So, Dolan has been quoted as saying they plan to file a federal lawsuit claiming religious and privacy rights violations.</p>

<p>IDK</p>

<p>Wow. Sorry, but this is just beyond ridiculous.</p>

<p>I really feel bad for the family. I hope no one finds out where they are … they deserve privacy, even if some family members are working to keep them in the spotlight.</p>

<p>From the LA Times:</p>

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<p>[Jahi</a> McMath: Time is limited for brain-dead teen, experts say - latimes.com](<a href=“Jahi McMath: Time is limited for brain-dead teen, experts say”>Jahi McMath: Time is limited for brain-dead teen, experts say)</p>

<p>I’m hoping for no protracted lawsuit after the family finally buries her. Hoping, but not optimistic.</p>

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<p>As Homer would say, Doh!</p>

<p>Just trying to understand on what grounds they would file a lawsuit. I understand the initial wrongful death claim, but I don’t get the possible Federal lawsuit for religious/civil rights/privacy violations. I understand anyone can sue, but do any of you with legal backgrounds see legitimate grounds for such a lawsuit?</p>

<p>“Brain death is not death”? That’s wacko.</p>

<p>A year or so ago I remember reading that transplant teams wanted to take organs from people after “cardiac death” because if they waited even a few minutes longer for brain death the organs would degrade and would not transfer well (especially hearts). That’s when I took organ donation off of my driver’s license. I still want to be a donor, but only at brain death and it will take a family member to make that stipulation. </p>

<p>What death are they waiting for? I worry about hearts beating with outside assistance. My Dad has a pacemaker and a defibrillator and if he dies, will it all just keep going? What a ghastly scenario.</p>

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<p>Is the family suing themselves? :confused:</p>