tag:blogger.com,1999:blog-1809371631407381115.post5391438989638421910..comments2024-03-12T07:48:29.712+03:00Comments on Stories from the trauma bay: Jahi McMath lawsuitDocBastardhttp://www.blogger.com/profile/12224592098492491365noreply@blogger.comBlogger233125tag:blogger.com,1999:blog-1809371631407381115.post-82941421952776733492020-01-31T19:15:47.738+02:002020-01-31T19:15:47.738+02:00I very much like your pattern it's beautiful,t...I very much like your pattern it's beautiful,thank for sharing good idea for <a href="https://essaysprofessors.com/do-my-ppt-homework-assignment.html" rel="nofollow">https://essaysprofessors.com/do-my-ppt-homework-assignment.html</a> Anonymoushttps://www.blogger.com/profile/14340246543629050272noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-72023702658847625832020-01-31T19:13:43.941+02:002020-01-31T19:13:43.941+02:00I very much like your pattern it's beautiful,t...I very much like your pattern it's beautiful,thank for sharing good idea for <a href="https://essaysprofessors.com/do-my-ppt-homework-assignment.html" rel="nofollow">https://essaysprofessors.com/do-my-ppt-homework-assignment.html</a> Anonymoushttps://www.blogger.com/profile/14340246543629050272noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-35008983138813632222018-03-01T09:45:55.752+02:002018-03-01T09:45:55.752+02:00Interesting blog and I really like your work and m...Interesting blog and I really like your work and must appreciate you work for the medical negligence well done.<br /><a href="http://axiclaim.co.uk/" rel="nofollow">medical negligence</a>Braden Carrollhttps://www.blogger.com/profile/08595803390999174773noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-37022233028695635012017-03-02T19:00:33.504+02:002017-03-02T19:00:33.504+02:00ALL THANKS TO DR WILLIAMS WITH HIS HERB I WAS CURE...ALL THANKS TO DR WILLIAMS WITH HIS HERB I WAS CURED FROM A TERRIBLE TINNITUS.<br />. Is my pleasure to comment on this site and i thank the admin of this site for his/her great work so far. I really don’t know how to thank DR WILLIAMS for helping me get cured for over 20 year of suffering from a terrible tinnitus, my tinnitus started when i was 28 year i thought is going to end one day but even get worse as days went by,i have tried all western drugs prescribed by doctors but to no avail i lost total concentration, even at night i screams even more because the sounds become louder because everywhere is quiet. i came across DR WILLIAMS contact through a headline news on internet about how DR WILLIAMS have help so many people to get cured of tinnitus and so many other with similar body problem ,i contacted him and he told me how to get his herb,few day later he sent me the herbal portion which i take every morning for 21 days, and his medicine was able to restore me back to normal and now am very okay without any side effects whatsoever If you have Tinnitus, you can contact him on his email address drwilliams098765@gmail.com for helpkatehttps://www.blogger.com/profile/06816946746595103127noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-49727408667804238282015-07-23T03:19:47.604+03:002015-07-23T03:19:47.604+03:00Curious that the NJ Medicaid started in Jan 2015. ...Curious that the NJ Medicaid started in Jan 2015. <br />I seriously wonder if NJ medicaid authorities were told that Jahi has a death certificate from CA?<br />Sounds likely that they are setting themselves up for medicaid fraud.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-57143441642442635132015-07-22T17:04:28.125+03:002015-07-22T17:04:28.125+03:00I wonder if he is going to attempt to use the same...I wonder if he is going to attempt to use the same declarations from last year which were all regarding her alleged condition as of the spring of 2014. It certainly appears so from the wording. Brusavich uses the term "recent" instead of "current" when he describes his evidence.<br /><br />His argument regarding res judicata and collateral estoppel: "The doctrines never apply to bar a claim or issue where new facts and changed circumstances have occurred" and that the "Defendants have not met their burden of fulfilling the threshold requirements for the application of res judicata or collateral estoppel."<br /><br />Brusavich weirdly states that "Plaintiffs have located no case in which brain death was determined and the patient managed to remove themselves, before cardiovascular death, from the facility which had received permission from the court to discontinue life support."<br /><br />If indeed Jahi had managed to remove herself from CHO we wouldn't be having this argument.<br /><br />The only part of either demurrer that Brusavich concedes: "Plaintiffs acknowledge that it appears Mr. Winkfield, Jahi's stepfather, does not have standing to assert the alternative claim for wrongful death."<br /><br />It is certainly going to be an interesting hearing to say the least.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-64787234824821821152015-07-22T15:18:06.640+03:002015-07-22T15:18:06.640+03:00I just got done reading Brusavich's opposition...I just got done reading Brusavich's opposition and frankly I'm stunned. We've been speculating now for almost 2 years whether or not New Jersey Medicaid was financing what can only be called the ultimate in futile care and now it's been confirmed.<br /><br /> I wonder if the family has also successfully applied for disability benefits for Jahi since the Department of Human Services has declared her clinically eligible for Medicaid. The New Jersey statute regarding the religious exemption states that neither government nor private insurance providers may deny coverage under those circumstances but does that extend to SSI benefits as well?<br /><br /> If they are receiving SSI benefits on Jahi's behalf it would explain why they are keeping her in an apartment rather than a skilled long term care facility for which she is certainly eligible according to the determination made by the Department of Human Resources. If a disabled child resides in a nursing facility and their care is funded by insurance, Medicaid in this instance, the monthly SSI benefit is limited to just $30.<br /><br />Which doctor is signing off on this? I think he or she would prefer to remain anonymous don't you?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-91974542112336736282015-07-22T09:20:03.723+03:002015-07-22T09:20:03.723+03:00On Friday, Brusavich filed the plaintiff's opp...On Friday, Brusavich filed the plaintiff's opposition to the demurrers filed by Dr. Rosen and the hospital. Full document available on Dr. Pope's site:. <br /><br />http://thaddeuspope.com/images/Spears_v_Rosen_07-17-15_Opp_to_demurrer_.pdf<br /><br />The most interesting points, as Dr. Pope summarizes on his blog, are:<br /><br />1. "Plaintiffs allege, and will present proof of changes and developments which show that Jahi's condition is one in which Jahi has brain function and is indeed a living person."<br /><br />2. "To this date, Jahi continues to receive 24/7 nursing care in New Jersey, pursuant to her eligibility in that state for participation in the New Jersey Medicaid Program."<br /><br />(Attachments to the document include a bunch of letters from the NJ Dept. of Human Services that itemize some of the in-home nursing care that is being provided to Jahi through Medicaid). <br /><br />So...Brusavitch's basic argument, as I read it, appears to be the contention that Jahi "can't be dead" in California, because she's "alive and eligible for Medicaid" in NJ. For that reason, he's claiming that res adjudicata does not apply. <br /><br />Still, the Medicaid documentation references only, far as I can see, just the three in-home nursing service providers, and a provider of durable medical equipment. There is no mention of any actual *doctor* bills submitted or approved, nor is there any reference elsewhere in the response that names anyone as Jahi's current doctor. <br /><br />So we still don't know who's signing off on all of this "care" for which the taxpayers of NJ are footing the bill. And, we also don't know what kind of proof is going to be presented that documents Jahi's improved condition. <br /><br /><br />Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-46383208645005758962015-07-18T07:36:29.954+03:002015-07-18T07:36:29.954+03:00Dr. Pope has posted a "plaintiff case managem...Dr. Pope has posted a "plaintiff case management statement" dated July 8. <br /><br />http://thaddeuspope.com/images/31875779_1_1_.pdf<br /><br />Case management conference is July 24. Says complaint was filed on February 2, 2015. Scarabhttps://www.blogger.com/profile/05999961861218673544noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-24021709025717395092015-07-11T19:31:48.643+03:002015-07-11T19:31:48.643+03:00@Anonymous 3 July 2015 at 04:57
Just in case you ...@Anonymous 3 July 2015 at 04:57<br /><br />Just in case you were replying to my post rather than the one that was removed, I agree. Jahi is dead.<br /><br />I read the novella years ago and was just thinking about how most people assume that IF it were possible to resurrect the dead, they would be the same as they were when alive. <br /><br />1) It's not possible to reanimate the dead<br />2) I'm willing to bet if it were possible, people wouldn't like the outcome<br />3) If Jahi were really "alive!" no one would be shy and reticent about having many physicians in more than several hospitals examining her and then arranging for a huge news conference<br />4) I like some of Silverburg's books. Not all of them, but enough to mention at least that one.<br /><br />Fun fact: Robert Silverburg has a cousin who is a physician and was my physician at one time in the past. He is (was) very nice and a good GP.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-74410975191094301842015-07-11T19:26:24.009+03:002015-07-11T19:26:24.009+03:00" You have multi-national corporations shippi..." You have multi-national corporations shipping jobs to China, and not paying their fair share in taxes, and you want to turn off Jahi's ventilator?"<br /><br />Apples vs. kiwis. Yes, I do want her ventilator turned off. She's dead, which is sad, and she should be buried or cremated.<br /><br />"You probably pay more in taxes than those guys so no worries."<br /><br />However, I do see where people ask for donations and then don't report it as income and that upsets me a great deal. I think it's a HUGE loophole and it should be addressed. <br /><br />I'm also upset that corporations are people and they proceed to do end-runs around the tax code (not paying their fair share in taxes). It's possible to be upset at different situations without conflating them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-46263693929747165902015-07-08T15:55:10.162+03:002015-07-08T15:55:10.162+03:00Brusavich must file a Case Management Statement at...Brusavich must file a Case Management Statement at least 15 days before the Case Management Conference on July 24th. As of today he has not yet done so. He has exactly 15 days starting tomorrow or they face sanctions. The guy sure likes to go to the wire.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-81853111346763127972015-07-08T02:11:21.612+03:002015-07-08T02:11:21.612+03:00No need for an autopsy for a wrongful death case. ...No need for an autopsy for a wrongful death case. If the State wanted move forward with a criminal action then yes an autopsy would be needed but not tort based wrongful death. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-74587462044336065102015-07-08T02:05:18.989+03:002015-07-08T02:05:18.989+03:00What are you talking about in Rosen's own kl n...What are you talking about in Rosen's own kl notes he will dictate any issues he sees during surgery and that dictation is part of the medical record, so he it noted. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-83905668548652631622015-07-08T01:55:52.856+03:002015-07-08T01:55:52.856+03:00Dismissal on procedural grounds opens up legal mal...Dismissal on procedural grounds opens up legal mal practice. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-51727358671895666562015-07-08T01:54:25.025+03:002015-07-08T01:54:25.025+03:00Not impossible if she was being transfused. Not su...Not impossible if she was being transfused. Not sure but I believe from the Dec 2014 case some of the record that was admitted into evidence stated she was being transfused. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-63237473840726151512015-07-08T00:15:38.383+03:002015-07-08T00:15:38.383+03:00Not really. The max for wrongful death is $250k. H...Not really. The max for wrongful death is $250k. However in the complaint they are arguing intentional infliction of emotional distress that is another tort area entirely and it inures to the family present at the time. This is an area they could possible have a good claim, if what they stated transpired occurred. Not saying it did just saying it could be viable. Whether she is already dead does not have a basis on that grounds. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-51902160337133850832015-07-07T23:15:48.450+03:002015-07-07T23:15:48.450+03:00A link to this article was provided on The Medical...A link to this article was provided on The Medical Futility Blog. It raises some valid points regarding the wisdom of allowing religious exemptions to the law of the land and uses the McMath case as an example:<br /><br />http://blog.practicalethics.ox.ac.uk/2015/07/reincarnation-and-discrimination/Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-85569414948329801172015-07-07T20:53:52.661+03:002015-07-07T20:53:52.661+03:00I don't remember deleting your comment, but if...I don't remember deleting your comment, but if I did it was because it sounded like John Benton, and I've banned him from further comments. If you'd take a few seconds to create an account for posting instead of posting anonymously, that would be much appreciated. That way this sort of thing won't happen again.DocBastardhttps://www.blogger.com/profile/12224592098492491365noreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-83035910534391219662015-07-07T20:45:43.102+03:002015-07-07T20:45:43.102+03:00One piece that John whoever he is said intelligent...One piece that John whoever he is said intelligently is there will be a passing of the buck. I have litigated hundreds of these cases. The nurses invariably get the worst of it but they are FTE of the hospital so it goes back to the hospital. In my experience with med mal I can count on one hand the number of times in a SICU where the surgeon who was the admitting doctor was not called. They are always called prior and even during a rapid response. The pediatric Intensivist or the trauma surgeon likely was called along with the hospitalist, but always the admitting doctor is notified immediately.<br /><br />Why trauma surgeon because 9 times out of ten the SICU is run by trauma team. Specialty children's hospital and other specialty hospitals are usual exceptions to this rule. <br /><br />Is it possible he wasn't called? Highly unlikely. Now even if his service was called that is enough to say he was called and made aware. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-46582522912633172012015-07-07T20:28:58.712+03:002015-07-07T20:28:58.712+03:00No that I really care but why delete my comments. ...No that I really care but why delete my comments. I am not that guy you dislike and as an actual litigation attorney who specializes in Med Mal I find it strange to delete my comments. <br /><br />My comment you deleted on statutory construction is actually how you read the statute. The fact any good litigation attorney would want this case is true. It will be press that is more than enough. Also, it is an interesting area of law.<br /><br />Moreover, the issue on legal mal practice is real. If an attorney files but runs out the time for service he has just knowingly committed mal practice now if this damages the case moving forward then you have a very viable case to recover for the gross deviation from the standard. Running SOLs are the easiest or consciously hindering a case can be legal mal. <br /><br />Lastly, deleting a comment on Marc Benioff is just strange. Good for CHO to get some of Marc's philanthropy because he is an all around nice guy. <br /><br />I have not come out on either side. However, this is a gold mine for any attorney. This comes in terms of press.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-52616707786721499232015-07-07T20:13:37.154+03:002015-07-07T20:13:37.154+03:00Litigation is also very public. No matter what the...Litigation is also very public. No matter what the outcome it is a black mark for hospital and doctors. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-73742338743419130482015-07-06T21:33:27.111+03:002015-07-06T21:33:27.111+03:00No. Case law actual does exist to support the oppo...No. Case law actual does exist to support the opposing claims. If you access to West you can review and Shep various cases. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-39847856762016840152015-07-06T21:22:54.438+03:002015-07-06T21:22:54.438+03:00All most any med mal attorney would have taken thi...All most any med mal attorney would have taken this case. It means notoriety and there is an interesting questions of law and fact. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1809371631407381115.post-33441386220770300582015-07-06T21:19:56.567+03:002015-07-06T21:19:56.567+03:00So Marc made the donation for a name change. He is...So Marc made the donation for a name change. He is a all around cool guy. Anonymousnoreply@blogger.com