N.H. Jury Awards $2.6 Million in Teen Overdose Malpractice Case
East News June 28, 2005
A New Hampshire jury has awarded $2.6 million to the family of a teen who died after a massive aspirin overdose in 2001.
But it's not clear how much John and Gaie Mitchell will receive, because ...
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Subject: RE: Sad
Posted On: June 28, 2005, 3:28 pm CDT
Posted By: Joey
Comment:
Ross:
As tough as it sounds I think that sometimes, different standards of care are owed to individuals. I agree with you that this is certainly a sensitive line to draw, and I couldn’t imagine doing it without gray areas or exceptions, but I find it hard to justify awarding a family any monetary sum when the injury stemmed from their son’s actions. The article stated that doctor on call did call the Dartmouth-Hitchcock Medical Center because this situation seemed to be a decision that he didn’t or couldn’t make on his own (often doctors consult others just to C.Y.A. even though they know the correct approach). It seems at 300 pills this boy set out to do something and succeeded. What happened to the assumption of risk defense? Instead we are going to try to blame this Doctor (who while he chose to be a doctor, certainly didn’t ask for the task of trying to save a boy whose levels were well past toxicity) for not working what may have been a miracle. This wasn’t the Doctors fault and there is no guarantee that if the boy was life-flighted to Darthmouth, would have lived. The fact is, tragic as it sounds that the boy made a decision that he can’t take back and the parents have to live with this. Where else do we stop the blame. If you smoke a cigarette you know doubt know the risks and I don’t want to hear any cry babies blaming a cigarette company with the outcome they face from the choices they made. It seems America is beginning to look for ways to pass the buck. I rarely here anyone say something is actually their fault. If we look hard enough we can always find an excuse.
Subject: RE: Sad
As tough as it sounds I think that sometimes, different standards of care are owed to individuals. I agree with you that this is certainly a sensitive line to draw, and I couldn’t imagine doing it without gray areas or exceptions, but I find it hard to justify awarding a family any monetary sum when the injury stemmed from their son’s actions. The article stated that doctor on call did call the Dartmouth-Hitchcock Medical Center because this situation seemed to be a decision that he didn’t or couldn’t make on his own (often doctors consult others just to C.Y.A. even though they know the correct approach). It seems at 300 pills this boy set out to do something and succeeded. What happened to the assumption of risk defense? Instead we are going to try to blame this Doctor (who while he chose to be a doctor, certainly didn’t ask for the task of trying to save a boy whose levels were well past toxicity) for not working what may have been a miracle. This wasn’t the Doctors fault and there is no guarantee that if the boy was life-flighted to Darthmouth, would have lived. The fact is, tragic as it sounds that the boy made a decision that he can’t take back and the parents have to live with this. Where else do we stop the blame. If you smoke a cigarette you know doubt know the risks and I don’t want to hear any cry babies blaming a cigarette company with the outcome they face from the choices they made. It seems America is beginning to look for ways to pass the buck. I rarely here anyone say something is actually their fault. If we look hard enough we can always find an excuse.