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Family to sue hospital after patient dies in waiting room
Staff Reporter | Posted July 9, 2008 3:21 PMThe family of a woman who died in a New York hospital while waiting for care is planning to sue the hospital for negligence.
The 49-year-old woman, identified as Esmin Elizabeth Green, collapsed in a hospital waiting room in New York last month and fell on the floor convulsing to her death as medical staff walked by her and ignored her, according to a disturbing new video released last week.
Tecia Harrison, the victim's daughter, broke down in tears at a press conference where an attorney announced the lawsuit. "I wish I didn't see it," Harrison said, "the image of my mom falling on that floor and dying."
Harrison accused the hospital of a cover up and said "the person responsible should be behind bars." Speaking at the press conference, Brenda James, the victim's sister, demanded to know why no one helped her sister. "We don't treat animals like that," James said.
In the video that was released, Green is seen falling off her chair in the waiting room while onlookers and hospital staff fail to help her. Forty-five minutes after she collapsed, the hospital staff finally tend to her, but at that point, it is too late. Green had been in the waiting room for 24 hours, according to the Associated Press.
The family is filing a $25 million lawsuit, which their attorney, Sanford Rubenstein, says will "send a message" to hospital workers across the country.
The incident took place at Kings County Hospital in New York on June 19. Critics accused the hospital of neglect, and observers had already expected a "massive lawsuit," according to WABC TV News in New York.
Articles written by a Staff Reporter are unsigned reports from a member of the staff.
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2008-07-09 16:26:12
2008-07-09 20:55:02
Carla writes, "...in the criminal courts...."
Highly unlikely any criminal charges will come of this. Maybe criminal negligence on the part of one or two, but this is very difficult to prove.
Civil case, most certainly. This hospital will be hit very hard on this clear case of neglect. This one will result in a settlement before going to trial.
"Those patients who ignored her...."
This is problematic. I would expect people to, at least, stand by her and holler for help. I can understand not touching her for two reasons but I cannot understand not calling for help. I certainly would have called for help, certainly would be very aggressive about this.
First reason for not touching her is fear of a contagious disease. I understand this. She is in a hospital, she has an ailment, yes, I probably would not touch her, most certainly not perform CPR under these circumstances.
Second reason is somewhat crass. When we come to the aid of a fallen person, maybe aid a person involved in an accident, we are liable. Should you perform CPR and break a person's rib doing so, you can be sued for this. A person is trapped in a burning car. You break his arm dragging him out this burning car. You can be sued for this. You move a person who has a broken neck, unknown to you, and this person dies, this can result in a wrongful death suit. This is quite the moral dilemma because we want to help but can suffer greatly for helping.
Martin Luther King hospital in Los Angeles was shut down because of multiple incidents like happened to this woman. Other hospitals have suffered the same fate. This is a sad case and a sad reflection on this sorry state of our health care system.
I would bet this woman had no health insurance thus her very long wait for medical attention, too long in this tragic case.
Okpulot Taha
Choctaw Nation
2008-07-12 15:41:59
2011-11-26 22:43:06
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