Terri Schiavo nonprofit has been advising Oakland family

[StrawberryBlondie]

Jan 3, 2014 18:41:49 GMT -5 AAM2012 said:

Jan 3, 2014 16:19:00 GMT -5 starlily said:

The latest update is that the coroner issued a death certificate and the hospital will allow a critical care team to enter the hospital and move her to an unspecified facility. The court, however, will not force the hospital, or any doctor, to insert a feeding tube or trach.

My phone is being wonky so I can't link, but it's on the main page of www.sfgate.com

What are the chances of a lawsuit related to this case?

If the hospital doesn't insert a feeding tube or trach and she "dies" (I know..she's already dead..but YKWIM), think the family will sue for negligence? Regardless of what the judge says?

Perhaps, but I doubt it would be successful. Maybe some other lawyers could chime in, but don't med mal cases generally hinge on whether there was a deviation from the standard of care? I'm skeptical lots of docs would jump at the chance to give expert testimony indicating inserting a feeding tube or teach in a legally dead person is the standard if care.

[penguingrrl]

This is such a sad case. I feel really bad for her parents as nobody should have to live through what they're going through. But they need to move past denial here and let this poor girl go with dignity.

[heyjude]

Jan 3, 2014 19:14:43 GMT -5 penguingrrl said:

This is such a sad case. I feel really bad for her parents as nobody should have to live through what they're going through. But they need to move past denial here and let this poor girl go with dignity.

No one should have to go through what this poor girl is going through!!

[penguingrrl]

Jan 3, 2014 19:21:46 GMT -5 heyjude said:

Jan 3, 2014 19:14:43 GMT -5 penguingrrl said:

This is such a sad case. I feel really bad for her parents as nobody should have to live through what they're going through. But they need to move past denial here and let this poor girl go with dignity.

No one should have to go through what this poor girl is going through!!

Oh, I completely agree. Absolutely and totally. But I do also feel for her parents. It's possible to think that they're getting poor information and making really bad decisions while still feeling terrible for what they're going through.

[starlily]

Jan 3, 2014 19:10:05 GMT -5 StrawberryBlondie said:

Jan 3, 2014 18:41:49 GMT -5 AAM2012 said:

What are the chances of a lawsuit related to this case?

If the hospital doesn't insert a feeding tube or trach and she "dies" (I know..she's already dead..but YKWIM), think the family will sue for negligence? Regardless of what the judge says?

Perhaps, but I doubt it would be successful. Maybe some other lawyers could chime in, but don't med mal cases generally hinge on whether there was a deviation from the standard of care? I'm skeptical lots of docs would jump at the chance to give expert testimony indicating inserting a feeding tube or teach in a legally dead person is the standard if care.

The court's order specifically states that the mom is responsible for any consequences that result after the child is moved, so they wouldn't have much of a legal leg to stand on if they pursued that argument.

[epphd]

Jan 3, 2014 19:33:53 GMT -5 starlily said:

Jan 3, 2014 19:10:05 GMT -5 StrawberryBlondie said:

Perhaps, but I doubt it would be successful. Maybe some other lawyers could chime in, but don't med mal cases generally hinge on whether there was a deviation from the standard of care? I'm skeptical lots of docs would jump at the chance to give expert testimony indicating inserting a feeding tube or teach in a legally dead person is the standard if care.

The court's order specifically states that the mom is responsible for any consequences that result after the child is moved, so they wouldn't have much of a legal leg to stand on if they pursued that argument.

See to me, as a parent, that would make it so much worse. I mean, she's not a doctor. Now if the girl goes in to cardiac arrest, it's on mom's conscience (or it would be on mine) irrespective of the fact that she's already dead. Ugh ugh ugh.

Does anyone else wonder if there is more to the story here? Or is the hospital being portrayed as the big bad institution? They don't seem to be navigating the PR debacle well in that most of my FB feed is blowing up with "OH MY GOD they issued a death certificate and her heart is still beating!!!" Anyway - I just feel like there is more to this story that we're not getting :/

[sushi]

I don't think there's more to the story. I think it's people not undersheriff that brain death is as final as cardiac arrest.

[meshaliuknits]

Jan 3, 2014 20:28:12 GMT -5 sushi said:

I don't think there's more to the story. I think it's people not undersheriff that brain death is as final as cardiac arrest.

You're trying to steal tef's hilarious autocorrect crown, aren't you?

Sent from my EVO

[starlily]

Jan 3, 2014 20:28:12 GMT -5 sushi said:

I don't think there's more to the story. I think it's people not undersheriff that brain death is as final as cardiac arrest.

It's also people not realizing that the hospital is legally constricted in what information they can release, while the family can spout out whatever it wants to regardless of truth.

[sushi]

Jan 3, 2014 20:36:58 GMT -5 meshaliuknits said:

Jan 3, 2014 20:28:12 GMT -5 sushi said:

I don't think there's more to the story. I think it's people not undersheriff that brain death is as final as cardiac arrest.

You're trying to steal tef's hilarious autocorrect crown, aren't you?

Sent from my EVO

At least you can make me laugh.

I'm ready to hate these parents.

I'm pretty sure every one here knows my compassion for the dying and their families. I hope that's come through despite my cold aura. My language may be clinical but it's because I feel that's the most compassionate, to be honest.

[Deleted]

I dislike these parents greatly, sushi. No shade from me. At some point, you have to accept that your daughter is no longer in that body and make peace. It's been too long for me to have much sympathy anymore.

[Deleted]

Jan 3, 2014 18:41:49 GMT -5 AAM2012 said:

Jan 3, 2014 16:19:00 GMT -5 starlily said:

The latest update is that the coroner issued a death certificate and the hospital will allow a critical care team to enter the hospital and move her to an unspecified facility. The court, however, will not force the hospital, or any doctor, to insert a feeding tube or trach.

My phone is being wonky so I can't link, but it's on the main page of www.sfgate.com

What are the chances of a lawsuit related to this case?

If the hospital doesn't insert a feeding tube or trach and she "dies" (I know..she's already dead..but YKWIM), think the family will sue for negligence? Regardless of what the judge says?

They can sue, but I'm sure the hospital feels legally confident in their actions. No doubt their legal team hasn't gone through this with a fine-toothed comb.

[kme]

I don't know the hospitals side but its hard for an organization that is governed by federal, state and professional agencies to not follow guidelines. Yes there will be a lawsuit and the hospital will settle. It will not be related to this whole teach/PEG/transport issue but deviations from standards. It's a peds patient and although cardiac assist is a complication, if the hospital (MD, surgeons, nursing assistants, RN's, etcs) went against what is prudent care, they will settle (and believe me you can have patient in an emergency and the MD either refuses or slowly comes). Even if hospital is not at fault, they will not allow it to go to trial.

[kme]

Jan 3, 2014 10:14:33 GMT -5 heyjude said:

This is a Christian family. This girl has gone to heaven. They need to make peace.

I don't understand how some Christians think sometimes.

[Deleted]

I found this article interesting.

news.yahoo.com/life-brain-death-body-still-39-alive-39-161202769.html

[kme]

That articles spot on.

[sushi]

Jan 3, 2014 21:12:40 GMT -5 @helenabonhamcarter said:

I dislike these parents greatly, sushi. No shade from me. At some point, you have to accept that your daughter is no longer in that body and make peace. It's been too long for me to have much sympathy anymore.

Thank you.

I was ready to be sympathetic the first week. Now I'm just angry at how they're treating their daughter.

They have my sympathy for grieving. They don't have my sympathy for being assholes.

I wasn't sure if I could say that without having had a kid

[pescalita]

Jan 3, 2014 23:28:39 GMT -5 sushi said:

Jan 3, 2014 21:12:40 GMT -5 @helenabonhamcarter said:

They have my sympathy for grieving. They don't have my sympathy for being assholes.

Well put. The thing about being a parent is it makes it seem kind of unfathomable to do this to your child, so I don't find your opinion out of place.