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A violent criminal was pursued by police. Backed into a corner, the criminal killed the advancing canine unit and jumped from a building. He was severely injured in the fall and treated at a local hospital. There, the criminal became a patient. He was monitored by a female guard. He was left unrestrained and attempted to escape, stabbing the guard with a shank. The result? Lots of blood. And a negligence case. Really.
Why was this patient not restrained? How much liability falls on the shoulders of the hospital? The patient (criminal)? The guard? This case is a fascinating, violent mess.
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Meet Your Hosts
Jeff Segal, MD, JD
Founder & CEO, Medical Justicewww.medicaljustice.comDr. Jeffrey Segal is a board-certified neurosurgeon. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.
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In 1961, as an intern in an emergency room, a man was brought in by ambulance in cart because of “alcohol overdose or something…”. In the treatment room, I am putting the NG tube in to empty and lavage his stomach . As I was doing that, I noticed that his shoulders overlapped the cart by inches and legs dangled a foot off the end of the cart. I loudly asked where did he come from and who was he. Immediately, I felt we would all be in trouble if he suddenly woke up and began to “attack back”. I frantically told the nurses and aides to get large restraints onto all his extremities as soon as they could. Done. After another minute, he is up against all restraints and yelling trying to stop me doing the lavage. I was yelling “You’re in the hospital getting medical care” over and over, and he settled as others yelled it too. It turned out he was a young National Football League lineman about 300 pounds. Nice guy as it turned out.