Michael J. Sacopulos, Esq.
As the general counsel for Medical Justice, I see a number of bizarre and unfair medical malpractice claims. However, recently I have read several claims that were so odd as to attract my attention. The first involves a surgical patient at Baylor Health Hospital in Dallas. A Nebraska man had traveled to Baylor for a routine tonsil and sinus surgery. Following his surgery the patient, Michael Woolman, noticed that his armpit was “bloody.” He later filed suit in Federal Court against Baylor Health Hospital alleging, in part, that a GPS tracking system had been installed in his armpit. He goes on to complain that this surgery violated his civil rights and has caused him mental anguish. He has filed this complaint on his own and is not represented by counsel. Beyond this, I will not comment further….
In late July 2011, another interesting medical malpractice claim was filed. This involves a man who was allegedly poisoned to death by his wife. The man was admitted to the University Medical Center of Princeton in January of this year for abdominal pain and numbness in his hands and feet. During his hospital stay, which ended in his death, the man’s wife visited him daily. It is alleged that his wife had access to Thallium from her employer Bristol Myers Squibb. It is further alleged that she poisoned her husband to death with the Thallium while the man was in the hospital. In fact, the woman was criminally charged with murder in February of 2011 and is currently awaiting trial. The family brought action against the Medical Center for not protecting the man from being poisoned by his wife. The family also brought an action against Bristol Myers Squibb.
It seems as though there is a never ending variety of patterns from which medical providers are sued. Whether it is an alleged misdiagnosis or an alleged GPS tracking system surgically implanted into an armpit, the claims just keep coming. For a better idea of the volume of medical malpractice claims filed, I refer you to the August 28, 2011 New England Journal of Medicine issue on this topic. It is a rough world out there…
There have been at least 2 litigated cases in NC where arsenic poisoners followed their victims into the hospital and administered the fatal dose(s) there. In both instances at some point in their stay poisoning was considered and testing ordered. In one case the patient was transferred to another hospital before the positive results returned and those results were never communicated to the second facility. In the other the concern was for mercury which was not elevated but the positive results for arsenic were apparently ignored. Damages were paid in both these cases.
IN REPLY TO THE FAMILIES MEMBERS BRINGING POISONS TO THE HOSPITAL AND THEN THE HOSPITAL BEING LIABLE THIS REALLY SEEMS LIKE AN ATTEMPT TO ACHIEVE THE PERFECT MURDER AND IT IS LUDICROUS THAT THE HOSPITAL OR PHYSICIAN IS INVOLVED. IF THE WIFE CAME IN WITH A GUN AND SHOT THE HUSBAND WOULD THE HOSPITAL BE LIABLE? IF YOU SEARCHED THE FAMILY OR HAD SUPERVISED VISITATION WOULD YOU NOT BE TAKING AWAY THE WIFE’S OR FAMILIES RIGHTS? THE TESTING FOR THESE COMPONENTS WOULD NEVER BE DONE ROUTINELY OR COULD ANY HOSPITAL OR INSURANCE PAY FOR THESE TESTS TO BE DONE ROUTINELY.
LIKE THE MC DONALDS COFFEE INCIDENT, YOU CAN STILL BE BURNED FROM THE MCDONALDS COFFEE, BUT ONLY THE ONE WHO SUED BEFORE IT WAS WRITTEN ON THE CUP GOT PAID. THE HOSPITALS AND INSTITUTIONS SHOULD MERELY HAVE A SIGNED PAPER ON ADMISSION TO THE HOSPITAL AND THE ER THAT THEY PROVIDE ALL NUTRITION FOR THE PATIENTS, AT NO TIME SHOULD THE FAMILY OR FRIENDS BRING IN OUTSIDE SOURCES OF FOOD LIQUID OR MEDICATIONS. IF THIS OCCURS AND AN OUTSIDE SOURCE IS FOUND IN THE PATIENT MAKING THEM ILL IT IS AT THE FAULT OF THE PATIENT OR THE FAMILY AND NOT THE INSTITUTION. SO MERELY STATING, YOU HAVE ASKED FOR FURTHER HIGHLY INTENSIVE MEDICAL CARE AND OUTSIDE SOURCES SHOULD NOT BE INGESTED DURING CONFINED MEDICAL CARE. IT IS YOUR RIGHT AS A PERSON, NOT TO DO THIS BUT WE ARE HELD HARMLESS IF YOU CHOOSE TO DO SO.
IT IS THE SAME THING WHEN A PERSON IS ADMITTED WITH CHF AND DM OUT OF CONTROL AND YET GETS MCDONALDS FRIES AND A MILKSHAKE WHILE GETTING IV DIURETICS IN THE CARDIAC CARE UNIT. ONLY THING IS YOU USUALLY MAKE IT OUT OF THE HOSPITAL BEFORE THE FRENCH FRIES KILL YA.
A patient developed mesenteric thrombosis three days following a Lap-Band. Surgeon went in to make certain it was not the band or any issue- it wasn’t. Patient, 47 – had a rocky course, and on Sunday- without surgical input- the husband pulled the plug on his third wife.
Surgeon was furious- she was not brain dead – he wanted to do surgery on her the following day.
Pathology confirmed mesenteric thrombosis – nothing from the Lap-Band.
Family sued – insurance company settled BIG.
It was the perfect murder
After insurance company settled- husband married fourth wife
This was an episode of House. The wife was pisoning the husband with a gold solution. I do have to say tge thallium was original…