Discussion in 'Up to the Minute' started by Harmony 2, Dec 30, 2013.
Thanks. I didn't click on that particular link.
A PT/INR is done, but I don't think this is the case with pre op labs, unless that person was on anticoagulants or a medical condition was disclosed. Pre op usually only includes CBC, Chemistries.
It's just seems so wrong that if they were here, in New Jersey, her daughter would be alive and her mother wouldn't have this problem. She'd have what she's asking for...
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In this case, whether a person is deceased is defined in the California statute regarding brain death. A person who meets the criteria of the Act is dead. The statutory determination of death would make her a deceased person within the meaning of the H&S 7180.
I should have said coag studies. You are correct.
There are lots of differences between state laws, though, that give different outcomes that might be thought of as arbitrary and unfair. One example is that in wrongful death cases, damages for pain and suffering of the deceased can be recovered by the family in Cali, but not in certain other states like Arizona -- which is right next door. So your rights to recover potentially millions of dollars can be determined by whether you die literally an inch to the West.
From the links:
In Arizona, the decedent's pain and suffering prior to his death is not recoverable in a wrongful death action. Lankford and Blaze, Law of Negligence, at § 10.7(1)(d), p. 269. Similarly, in a personal injury action brought pursuant to the survival statute, the deceased's claim for pain and suffering does not survive his death. Id.; A.R.S. § 14-3110; Harrington v. Flanders, 2 Ariz.App. 265, 407 P.2d 946 (1965). - See more at: http://corporate.findlaw.com/litiga...rizona-for-wrongful.html#sthash.45OCnYNo.dpuf
Q: Can a Survivor Recover Pain & Suffering Damages in a Wrongful Death of a Dependent Adult/EDACPA Action?
A: Yes. According to the California Jury Instructions (CACI), in certain situations, the traditional rule that pain and suffering and punitive damages cannot be recovered in a wrongful death action have been abrogated by statute. The latest jury instructions are instructive on the value of having a lawyer in Los Angeles, California who understands things elder and dependent adult abuse: A: If you were to look at a scale, preponderance of the evidence standard in a civil case would be a slight tilt of the scale in your favor.
There is a difference for having empathy for someones loss and encouraging someone that loses a loved one and doesn't want to acknowledge that they are gone and feels they will rise from their death, to keep fighting.
Psychologically, it is very unhealthy to provide false hope and encouragement. For those that care about the mother, the best thing they can do to help her go through the grief process and heal, is to be honest with her and supportive of her, but within terms of reality.
For those that want to see the laws changed, that needs to be addressed with the legislature. Until or if, that legislature is overturned, there is nothing that legally can be done in this situation. It's across the board procedure.
I would hope her mother in conjunction with her pediatrician would have produced a fairly complete medical history. If, and a big if, a question of a blood dyscrasia was present, further studies should have been done pre-op. IMO, that is incumbent on the surgeon and pediatrician IMO.
Precautions: Officials saw to it that the door to the Children's Hospital of Oakland was barricaded Monday in preparation for Jahi's family's press conference
Their beliefs may be one thing but the law says different. This is most likely why, in almost a month now, none have come forward to move her to a different facility and operate on her.
I have not posted in quite a while,but, I just must. Dr's can be cruel. I had a Dr. tell my mother to "bring it on" as she was sending me home to die with dilauded rather than do something about my liver. Thank God my mom did "bring it on". We also witnessed her nurse ripping pages out of my file. Dr.'s play CYA. I think these ones are and I would not trust them anymore than I would trust my former dr.
Listening to some of the videos of reporters doing press about Jahi, I was really appalled that they refer to Jahi's body, not simply Jahi. IIRC, It was the male reporter from KVTU that someone had linked up thread who mentioned it several times in his report.
“That’s a huge roadblock for us so we’re going to try to go around that and go about moving her without it and finding a physician at the nearby facility to that will be willing to perform the procedure.”
My apologies if this has been posted. Above is a quote just taken from Jahi's uncle.
They intend to move her without the procedures. I am NO med professional, but my husband, a Neurologist, has been trying to figure out why they didn't do this in the first place.
Would love to hear what any of you Med pros think about this.
Henry K. Lee ‏@henryklee 16m
Fed magistrate in Oakland has scheduled an 11 a.m. hearing Fri in the case of #JahiMcMath, the brain-dead teen at Children's @Hospital4Kids
Note that this doctor's personal views are that death occurs even when there exists some lower brain functioning. So he's no extremist.
The only roadblock that seems to be in the way is a phone call from the facility to hospital, etc, etc, etc. But he knows that already doesn't he? He should talk to dolan or read the judges order. idk jmo
I think they're doing that for political reasons.
NOT a medical professional!!! My initial understanding was that no facility would take her without having those procedures done. The new one might be willing to. But would they then just move her with CHO's ventilator still in place? I'm totally clueless about these things.
If they do manage to successfully move her to NY, then they may have more luck finding physicians that will operate. NY and NJ shared the same laws at one time. I'm not sure if that has changed as of recent.
Again, it's finding the physicians that will take the risks that are associated with performing these procedures.
I am speaking through my husband and if that is against the forum rules, please let me know
Apparently, it can be done but not for a very long distance.
Please note that my hubby is also shocked about the concept and it is partial conjecture on his part.
It does strike him as strange that they would just now come up with this idea.
Again, the story is changing....