Transplant Botch - Will they Sue? Probably.

[LadyEagle]

Transplant girl, 17, dies

Victim of botched operation taken off life support
NEWS WIRE SERVICES

Jesica Santillan

DURHAM, N.C. - The teenager who was put through a second heart-lung transplant after the first was botched died yesterday.

[snip]
Jesica Santillan, 17, was declared brain dead at 1:25 p.m. and taken off life-support machines about 5 p.m., said Duke University Medical Center spokesman Richard Puff.

[snip]
Renee McCormick, a spokeswoman for a charity created to pay Jesica's medical bills, said the Santillan family didn't know until then that doctors were taking her off life support.

[snip]
Relatives have said Jesica's family paid a smuggler to bring them from their small town near Guadalajara, Mexico, to the U.S. so she could get medical care.

http://www.nydailynews.com/news/wn_report/story/61910p-57806c.html

Point: Jesica would have died anyway without a transplant. She was given 3 months to live at most.

Point: American citizens usually wait for years to get one set of transplanted organs.

Point: Majority of Americans needing transplants die without getting the first set of organs or any opportunity to get them.

Point: To get a second set of transplanted organs is nothing short of miraculous. How did that happen?

Point: For Jesica's family to refuse to re-donate those organs is nothing short of selfish & ignorant.

Point: Whatever medical care they received, good or bad, was a charity case. FREE.

Point: They were in this country illegally, slipping over our borders and got free medical care while American citizens are still waiting for donated organs.

Point: Now they will probably sue Duke Hospital, the doctors, the transplant team, and anyone else they can & that will be the epitome of gall. But watch & see.

Question: How is it that many Americans can't afford health care but illegal aliens can get it for FREE?

Question: How many American citizens were bypassed on the transplant list, not once, but twice?

How many times do Americans get passed over for transplants but we don't ever hear about it because successes aren't newsworthy?

Bet this family will sue.

 

[Terry_Herrington]

I believe that they should sue, and I hope they win a large settlement.

 

[Pennsylvania Jim]

I agree largely with SheEagle's analysis. But I also (sort of) agree with Terry Harrington's comment.

Seems to me to be two separate issues:

ONE ISSUE is that our government is more interested in destroying the sovereignty of our nation for the sake of internationalist big-businessmen to rape our land for their benefit, hence the rush to entangle us with foreign powers and people.

THE OTHER ISSUE is that the medical people involved made a grave, careless, inexcusable mistake. Just the kind of thing that lawsuits are for.

BUT don't worry, this is a high profile case, and I predict that Prince George will be on the scene quickly with tax dollars to hand out generously to both sides.

 

[I Am Blessed 24]

Oh Boy! We will now get to pay higher medical costs to pay for the doctor's malpractice insurance!

 

[Baptist Believer]

Originally posted by SheEagle9/11:
Point: For Jesica's family to refuse to re-donate those organs is nothing short of selfish & ignorant.

I am not a doctor, but I very strongly suspect that the previous mixing of organs of different blood types would make any of her organs dangerous for use by anyone else.

Question: How is it that many Americans can't afford health care but illegal aliens can get it for FREE?

U.S. citizens can also get free healthcare if they go to a government healthcare facility. I have known all sorts of people who go to the county hospital for everything from medical checkups to various surgeries -- all on the public dime. In cases where transplants are needed, it is common for doctors and hospitals to volunteer their services for free or a greatly reduced cost.

 

[LAWC]

SheEagle, you obviously do not know all the facts! Instead of bashing the family, perhaps prayer would work better in their time of loss.

~Jesica waited 3 years to get this transplant.
~She was eligible for the transplant. Politics or not, she was eligible, don't blame Jesica for this! She was a 17 year old child.
~The head surgeon DID NOT CHECK the blood type to see if it was compatible. This was his responsiblity. He made a mistake that cost Jesica her life.
~If you watch the local news down here, the family had a communication problem between the doctors at Duke over the donation status of her organs after she passed away. Plus, they are grieving over the loss of their daughter. Um, just because they are Mexican does not mean they are not human and should be treated like humans!

 

[LadyEagle]

Some of you are missing the points I raised. Are you so motivated by political correctness that nothing else matters?

Believe it or not, there is good health care available in Mexico. And there is a transplant center. Check this out from an American who moved to Mexico:

Once I got settled in Mexico my new home, I joined the health plan offered by the Mexican government. It's called IMSS (Instituto Medicina de Segura Social), and it costs everyone a total of $399, no matter who you are or what your income is. Everyone pays the same. It covers medical, dental, prescription medicines, and if you’re of age, eyeglasses, too. When you apply for IMSS, you must fill out a form listing any pre-existing conditions. There is a waiting period of two years on all pre-existing conditions, but after that time, they are also covered.

Most of the doctors here are US trained, and I’m impressed with the cleanliness of the facilities. After joining IMSS, you are given a card with a membership number, and you can then enter any hospital in Mexico for diagnostic care and treatment, in-patient and out-patient care, emergency visits or doctor appointments.

http://www.escapeartist.com/efam31/mexins.html

There is a possibility the organs could have been re-used, washed thoroughly and treated with drugs before being reused. There are a host of medications to prevent infection and rejection.

For those who have jumped on me, you haven't addressed the key points of my post.

Such as - how many American citizens waiting on donor lists got bypassed not ONCE, but TWICE, for an illegal alien to get FREE health care (no matter whether from Mexico, Columbia, Egypt, France, Scotland, or wherever). WHO PULLED WHAT STRINGS TO GET THAT ACCOMPLISHED, NOT ONCE, BUT TWICE?

And if good health care & transplants are available in Mexico, why jump the border illegally?

I agree that Duke made a horrible mistake. But horrible mistakes are made in medicine every day. Medicine is not an exact science. People that work in health care are not infallible gods, either, they are human.

So consider all of these issues regarding malpractice when your president & mine wants to put a $250,000 cap on malpractice awards in lawsuits.

All of these issues are relevant, either directly or indirectly.

And in the end, it is the American taxpayer & citizen who pays the price.

 

[LadyEagle]

~If you watch the local news down here, the family had a communication problem between the doctors at Duke over the donation status of her organs after she passed away

Hmmmm....could that be because the mother didn't speak English?

What's next? A requirement that all medical personnel be bi-lingual to cater to people who are here illegally and don't want to learn English?

The mis-communication is a red herring. The family had interpreters & no doubt there was an interpreter on staff at Duke to relay information to the family.

The mis-communication is a red herring - laying the groundwork for litigation. Watch & see.

 

[christine]

SHE-EAGLE I would like to reply to some of the things you have said.
1. Just because something is free or cheap, does not make it good or even the best. As a retired Navy person I can tell you many occasions I got bad or no medical care, which by the way, people call free (even though it was part of my pay).
2. Maybe the 1st set of organs were questionable as far as why and how she got them, I don't know. However, it doesn't take a genius to realize that the 2nd set had to have been donated directly to her because of publicity. Either by Duke or a concerned,loving person that wanted to make a difference.
3. I am surprised how cold you are over this lose of life, this was an INNOCENT 17 YR.OLD CHILD!!!
Where is your compassion?
I will be the first to admit that if that was my child (God forgive me), I would have done whatever it took to save her life. Children have a special place in our hearts and I think God would have it that way. Nobody know what they will do until they are in that position.

 

[Johnv]

The hairs on the back of my neck stand up whenever I hear "she would have died anyway".

The bottom line is, someone made a mistake (doctor, medical staff, don't know who). This is the kind of mistake that can't be tolerated, especally given the fact that it was completely avoidable.

I hope the family sues. Someone killed their kid. If that doesn't constitute damages, I don't know what does.

 

[christine]

Thank you soooooooooo much johnv. A life is always a life, even if it's a bum without a dime!
SHE-EAGLE
I tend to think that you must have issues with foreigners. This is not meant as a cut down, I just get that vibe. Maybe you can tell me what country I should go back to, I am (get paper and pencil)
indian, german, dutch, english
born in the USA.
This girl died unjustly because someone was derelict in their duties. It was an unnecessary lose of life and a tragedy. ALL person's responsible or derelict should pay a price for this, as well as, be used as an example to all in the future.
Life is the issue, not where they are from, you almost make it sound like they were being punished for the "sin" of being illegally in this country.

 

[Gwyneth]

In our Daily Mail newspaper today, someone has volunteered to be the first to have a face transplant....... requires a four hour old corpse......now that`s sick IMO

 

[LadyEagle]

Just because something is free or cheap, does not make it good or even the best. As a retired Navy person I can tell you many occasions I got bad or no medical care, which by the way, people call free (even though it was part of my pay).

And your point is? They got free health care from Duke. So is that why the transplant was botched? Or is your comment directed to health care in Mexico?

They have good health care in Mexico, as pointed out by the article I posted above. They also have a Transplant Center. And a good many American doctors are in Mexico. Have you ever heard of Fifth Pathway?

I am surprised how cold you are over this lose of life, this was an INNOCENT 17 YR.OLD CHILD!!!
Where is your compassion?

The hairs on the back of my neck stand up whenever I hear "she would have died anyway".

Thank you soooooooooo much johnv. A life is always a life, even if it's a bum without a dime!

I wonder, are the two of you so passionate over the 3500 innocent aborted babies per day who NEVER get a chance to live, even for 17 years? And whether the hairs on the back of your neck stand up or not, the fact is "she would have died anyway." Perhaps the family should be a tad more grateful that she even got the CHANCE to live.

And while we're on the subject, are either one of you signed up to be donors?

What about all the children who are American citizens on the transplant list who were skipped over?? Where's your compassion for them ? Or do they not count, because they are American citizens? There are approximately 80,000 people awaiting transplants nationwide.

By the way, there has been a longstanding controversy over fairness and equity in the transplant services. I am not the first one to raise the issue of "fairness" nor should that cause you to consider me cold-hearted.

And what about Duke's self reporting of the mixup? Shouldn't they get some credit for that? If they hadn't self reported, this would not have been a media hype event. Because Duke does have such an excellent track record, however, they bit the bullet and fessed up, knowing full well this would turn into a circus and probable lawsuit.

SHE-EAGLE
I tend to think that you must have issues with foreigners. This is not meant as a cut down, I just get that vibe.

Only about the ones who are in the US illegally.

Maybe you can tell me what country I should go back to, I am (get paper and pencil)
indian, german, dutch, english
born in the USA.

Being a Heinz 57 variety like I am, has nothing to do with it. If you are an American citizen, you should be entitled to all the benefits of being an American citizen. Illegal aliens should not be.

The free health care to illegal aliens goes on all the time. The only reason this one is newsworthy is because of the outcome. Otherwise, Americans continue paying higher & higher health insurance premiums or can't afford health insurance at all and the beat goes on.....

So when this family sues, and they will, your doctors' malpractice insurance premiums will take another hit. But that's okay, they can afford it. Like I stated before - everything is relative. And the Rule of Law only applies in certain cases. Kumbayah.

 

[Johnv]

I wonder, are the two of you so passionate over the 3500 innocent aborted babies per day who NEVER get a chance to live, even for 17 years? And whether the hairs on the back of your neck stand up or not, the fact is "she would have died anyway." Perhaps the family should be a tad more grateful that she even got the CHANCE to live.

Funny, I got blasted a while back for stating that abortion should be allowed with anincephalic fetuses (the brain is absent), because the baby always dies (those that are not miscarried late term are almost always stillborn). I guess there seems to be no winning with hyperfundamentalism.

 

[Johnv]

If you are an American citizen, you should be entitled to all the benefits of being an American citizen. Illegal aliens should not be.

That simply shows ignorance. In that statement, you left out all the non-citezens who are here legally, especially those who are awaiting citizenship despite the fact that the INS losing citizenship paperwork is at an all-time high.

 

[LadyEagle]

Originally posted by SheEagle:
If you are an American citizen, you should be entitled to all the benefits of being an American citizen. Illegal aliens should not be.

----------
Johnv:
That simply shows ignorance. In that statement, you left out all the non-citezens who are here legally, especially those who are awaiting citizenship despite the fact that the INS losing citizenship paperwork is at an all-time high.

So what? You are either here legally or not. Someone who doesn't know the difference between ILLEGAL and LEGAL simply shows ignorance.

Illegal does not equal non-citizen. ILLEGAL is SOMEONE WHO IS HERE ILLEGALLY BECAUSE THEY CAME OVER THE BORDER OR THEIR VISA EXPIRED!!!

Read the article again - the people paid someone to get them over the border - ILLEGALLY!

One would think that people such as yourself, who had to go through the hoops LEGALLY to become citizens WOULD REALLY BE UPSET at THOSE WHO FLAGRANTLY DEFY THE RULE OF LAW!!!

See how long you last in Mexico going there illegally. Bet you don't get free health care as an ILLEGAL ALIEN in Mexico. If you're real lucky, you might get out of jail before you're 100.

 

[Johnv]

See how long you last in Mexico going there illegally.

Seeing how all you need to cross the border to Mexico legally is a US ID, I'd say that's pretty difficult.

The law in the US says that no one, legal or illegal, insured or uninsured, rich or penniless, can be turned away from emergency or medical care. No, I don't have a problem with that. No one should be denied lifesaving care. Can you imagine the paramedics showing up at someone's house, and then refusing to give someone CPR because he's an illegal alien? Can you imagine someone being poisoned, and the doctor refusing to pump their stomach because they're illegal? That's biblically immoral.

So what? You are either here legally or not.

That's not what you said. You said citizens. There are a great many legal non-citizens who are equally entitled.

 

[Charlotte Marcel]

Whether or not that poor young woman was here legally should have nothing whatsoever to do with how awful and unfair this terrible mistake was.

The doctors put organs into her that didn't match her blood type. This will cost the doctor and the hospital some type of monitary compensation. That's a given. Although money will not be enough to ease their loss.

The only good thing that I found in all of this was when the mother was interviewed on the news and said repeatedly that she and her family were relying on God for their comfort and his will in all this. I'm sorry that it wasn't in God's will to allow this teenaged girl to stay here with her family by allowing her to recover. I was praying for her and her family too, and I felt some comfort in knowing that they had their faith in God through all of this.

Charlotte.

 

[LadyEagle]

As we should all pray for the 80,000 or so in this country on the transplant waiting list...most of whom will die before it is ever their turn.

How many reading this horrible thread I started are now willing to sign up as donors?

Are you angry enough now to do something about the organ shortage ??

In many states, you can designate your wishes to be a donor on your driver's license.

 

[Charlotte Marcel]

I am a registered donor.