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I Thought I’d Seen It All – Until This!

Sometimes cases are so horrific that it’s in the defendant’s best interest to admit liability and either settle or take the case to trial for damages only. As an example, I consulted on an obstetrical case where the newborn was declared dead, the parents were informed and the newborn was taken down to the morgue. Then a healthcare provider in the morgue recognized that the newborn was still alive. The physician interrupted the distraught parents’ grieving to inform them that their “dead” baby was actually alive. Their ecstasy was short-lived – because valuable time was lost, the baby was severely brain-injured. Needless to say, that case settled.

After that horrific case and many others along the way, I thought I’d seen it all – at least until I saw this bizarre healthcare case. It’s alleged that the patient, a woman, was prematurely declared dead, placed in the morgue, frozen alive only to wake up and injure herself trying to escape – before succumbing and ultimately freezing to death.

News reports indicate that the hospital intends to contest the liability issues. But I doubt that there’s a jury anywhere in the world who would sympathize with this level of gross negligence. If I was the Certified Legal Nurse Consultant on this case I’d be advising settlement (at least on liability). How about you? What’s your verdict and what’s your advice?

I’m Just Askin’

P.S. I told Tom, if I’m ever declared dead, please check my pulse and poke me with a pin (before the celebrations begin). LOL – maybe 😐

P.P.S. Comment and share your opinion on this case.

2 thoughts on “I Thought I’d Seen It All – Until This!

  1. Both cases are bizarre indeed! I’ll bet the red flags are big.

    My advice is for that hospital to “settle or hemorrhage”-Vickie. You taught us to say that if the evidence is factual and I did so in my first Dead Baby case.

  2. OMG!!!! I cannot believe that they are actually going to contest liability. They are 100% liable for the patients in their care and not to have had anyone on duty that can tell a live person from a dead person??? Really? They are completely out of whatever it is that is passing for their mind. I suggest they settle for whatever the plaintiff wants and shut up about it. Could there be actual criminal liability in this case??

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*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.

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