N.H. Jury Awards $2.6 Million in Teen Overdose Malpractice Case

June 28, 2005

  • June 28, 2005 at 12:37 pm
    Joey says:
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    Where do these lawyers dig up these bleeding heart jurrors? Is the Doctor going to sue the parents for the mental anguish that he had to suffer for having to see a kid who has taken “300” pills of asprin. Give me a break. This type of case shouldn’t have even been admitted into court. I don’t understand how some of these people sleep at night. Awarding the parents is a great idea. Who knows maybee they will have enough money to have a new kid to screw up. Think of the potential earnings!

  • June 28, 2005 at 12:49 pm
    grant says:
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    It seems this case was resolved based on emotion rather than looking at the standard of care in the industry. Doctors are not mind readers and medicine is not an exact science. As long as the proper procedures were followed and the patient is given the best possible care at that time, that is all any of us can expect. It is tragic that this young man took his own life, but that was his intention and he suceeded. The parents should not have been allowed to take out their suffering and anger on the doctor who tried to save their disturbed childs life.

  • June 28, 2005 at 1:14 am
    Frank says:
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    Is the real mental anguish the fact that a disturbed teen took his life or that an insurance company has to pay for his mental state of mind.

    As sad as the taking of one’s life can be it is even sadder that an attorney will cash in on the state of shock the parents are in & convince them to sue the doctor who actually had nothing to do with the suicide.

    Great legal country we live in.

  • June 28, 2005 at 1:44 am
    Beth says:
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    Basically, the facts of this case imply that, had the patient been transferred to the other facility, he could have been saved. From the prior comments, the implication seems to be that the patient attempted suicide, so the doctors can not be held negligent. This is a ludicrous conclusion to reach. Every patient deserves satandard of care treatment, even the emotionally challenged and distruaght patients.

  • June 28, 2005 at 1:44 am
    JAM says:
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    This is without a doubt the most rediculous award that I have ever been privy to.
    I wonder if the parents saw a road side sign with a picture of a personal injury lawyer (aka parasite) and went for a free consultation. Of course they were told that there is no cost unless “we” win!!
    The ABA ought to be ashamed of itself for allowing these leaches to live off the hard toil of Doctors. Shame on that Jury, the attorney representing the parents, the Judge that let this happen and most of all our litigeous society!!! What a joke!!!!!

  • June 28, 2005 at 2:12 am
    Ross says:
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    Beth is correct. Every patient is entitled to care and treatment that meets the standard of care. That is the standard that a physician agrees to meet. I cannot comment upon whether the physician met that standard or not, I was not on the jury.
    As for the suggestion that since the young man died of a self-inflicted overdose, that he was not entitled to receive care and treatment that meets the standard of care, where do you draw the line. Is the drunk who is injured to be given less than standard care because he chose to drink? Or the obese person? Or one who fails to exercise enough? I have seen many claims against health care providers that I thought were not valid, and I have also seen many where the provider was responsible for the death or injury of a patient. Everyone is entitled to care that meets the standard.

  • June 28, 2005 at 2:26 am
    Joey says:
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    Ross, I think we do need to draw a line. Let’s start putting responsibility on responsible parties. For instance if you are drunk and driving you may be denied coverage on your auto policy for negligence because driving under the influence is illegal. Suicide is illegal as well, whether or not successful. Any death to such a young individual can only be seen as a tragedy, but the report did not say these â€Åâ€Ŕ300” pills were forced down this kids throat. If someone drinks to the point where they injure themselves why should a doctor have to give that person the same duty of care as someone who is genuinely ill or injured by accidental means. This is going to sound cruel and insensitive but the drunk should be responsible for his actions, and should not receive the same standard of care. If self-inflicted injuries (whether indirect or not) should be the problem of the self-inflictor to endure. I view this situation as a tragedy for the boy who made a mistake that cannot be taken back and a tragedy that the case was ever let into court. This is going to set some case precedents that are likely to raise over all medical insurance premiums wich affects me. I’m especially perturbed because costs will eventually be passed down to me when I don’t drink in drive or attempt suicide.

  • June 28, 2005 at 2:38 am
    Joan says:
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    It is sad that the teen killed himself. BUT it is not the doctors fault. He used pills, he could just as well used a gun and been dead at the scene. It is not the Doctors fault. These juries make awards because they feel emotional and sadness for the parents. But the whole point is that is is not the Doctors fault, and the only people that lose with an award like this is the rest of society. It’s a sad state of affairs that we try and blame everyone else but ourselves. Perhaps the Doctor should sue the parents for not taking proper care of the child, so he felt that he had to kill himself?????

  • June 28, 2005 at 2:53 am
    Ross says:
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    Joey:
    But think through the logical extension of what you seem to be arguing. I raised these issues before and you did not respond. Are you arguing that the standard of care is determined by the circumstances that caused the injury or sickness? If I choose to exercise a lot and be in excellent physical condition am I entitled to receive a higher standard of care than someone who does not exercise and thus is in poor physical condition? Are you arguing that the health care provider owes a higher standard of care to the person who does not smoke than to one who does? A physician does not owe the same standard of care to someone who was injured when a tire on their car blew out while they were driving 50 MPH in a 35 zone as someone who had the same accident while driving 35? Is there a scale? Less duty at 65? More at 30?
    The physician owes a duty to meet the standard of care regardless of the circumstances whereby the patient sustained his injury.

  • June 28, 2005 at 3:04 am
    beth says:
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    It is not a doctor’s place to judge his/her patients for their lifestyles or choices. Their job is to provide the best care available to save lives and cure illness. The doctor did not give the boy the pills, but apparently he failed to do all that could have been done to attempt to save the child’s life. That is what the jusry had to decide. Let’s hope that juries aren’t making decisions based on their moral opinion of the plaintiff. The doctor owed a duty, the doctor apparently breached that duty, and the patient died. That’s negligence and why this case was not thrown out and resulted in a large award. Let’s hope none of these posters handle claims for a living, as they don’t seem to get it.

  • June 28, 2005 at 3:17 am
    Joan says:
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    What I do get is that someone becomes a Doctor to help people. A Doctor is a human subject to human faults, etc. If we continue to allow these kinds of suits, we will not have any Doctors, and therefore we will all be ‘up the creek without a paddle’. Pretty soon we will not have any Doctors if we keep this up! Then you won’t have to worry about suing them and when someone takes an overdose of pills, What then??? Is that money going to take the place of the child??

  • June 28, 2005 at 3:28 am
    Joey says:
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    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.

  • June 28, 2005 at 3:32 am
    Jimmy says:
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    My personal feelings are this:

    When someone comes to a doctor, that doctor must treat everyone the same. It’s called the Hippocratic oath. To be honest and do everything in their power to help that person to the best of their ability.

    If I was a doctor and someone came to me with 300 pills in them, I am not going to be dinking around and doing “tests”. They need immediate help. That doctor failed to do that.

    I believe the doctor was at fault for his lack of urgency on the matter.

  • June 28, 2005 at 3:43 am
    Trudy says:
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    it was based on emotionalism and all of pay in some form or fashion

  • June 28, 2005 at 3:48 am
    Don says:
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    Evidently there was a settlement agreement prior to the jury returning with a verdict. There is always great pressure on both sides to settle out of court prior to trial. To settle after the jury is charged is more unusual unless something went wrong for the defense at the end especially since the Doctor most likely had to consent to the settlement.

    It would be interesting to learn if the dr’s policy had a “hammer clause” thus forcing his agreement. Either way he’s screwed.

  • June 28, 2005 at 4:21 am
    Beth says:
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    Yes, Joan, doctors are human and do make mistakes. That’s what insurance is for and that is what will pay the settlement. If you want the cost of insurance to go down, it is not by deciding who can and who cannot bring a lawsuit based upon their emotional or physical state. It is by increasing the competency of the doctors and providers.

  • June 28, 2005 at 5:37 am
    Mark says:
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    The doctor should have transferred immediately when he found out how many pills he took and that he could fix the problem there. End of story. Saying that “This is the standard” is no excuse. Change the standard and these lawsuits won’t happen.

  • June 29, 2005 at 9:27 am
    Jay says:
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    I know this academy.

    I grew up living around it as my relative was a worker for the facility and constantly had to pander to these primadonnas on orders of the administration.

    The school is a rich kids prep school populated by whiny rich brats.

    They routinely destroyed the rooms, buildings, and facilities while rampantly doing drugs, and all without any serious adressal by the administration.

    I fail to see how the doctor is liable. The blame lays squarely on poor absentee parenting that relies on a school more interested in pandering to NH’s elite than in counseling or monitoring thier facility.

    Kids commit suicide. It happens. And more often than not, it’s because thier parents are lax and care more about thier jaguars than the mental state of their offspring.

  • June 29, 2005 at 9:45 am
    Joan says:
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    We have to quit sueing our Doctors. Yes, there should be tests and standards that they must meet in order to be Doctors. That being said, we must then quit giving the relatives money for the loss of a loved one that dies which is beyond their control. Dying is a part of life. It happens. The whole point is we won’t have any Doctors if we continue to allow law suits. We have rich Lawyers. We continue to complain about Health Care Cost. Who do you think pays for the Doctors Malpractice Insurance? We have turned our whole county upside down and it’s got to stop. Responsibility for ones self is the answer. Not playing the blame game. Life happens, death happens. We’re only passing thru this world.

  • June 29, 2005 at 9:56 am
    TK says:
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    This settlement is ridiculous, and those of you who think “this is what insurance is for” is poorly educated. Some doctors can’t even afford to practice because this insurance costs so much, which is due to absurd settlements like this. I agree that the parents have probably been absent in this kids life, and of course now they are completely distraught over this. Of course that is speculation, but what isn’t speculation is that they are paying the parents the $1.8M this kid would have earned in his lifetime. This kid was not supporting anyone, and our parents rarely see any of our money, so why do his parents deserve to receive his lifetime earnings? This kid’s death was not caused by an accident, it was something he chose to do, and unfortunately he wasn’t able to be saved. Also, how do we know the doctor was able to tell he had swallowed 300 aspirin? Was the kid concious enough to be able to tell the pill count to the doctor? This doctor did his job, and because the people on the jury played on the emotional aspect of the case and not the facts, another person was handed money which was not deserved.

  • June 29, 2005 at 10:03 am
    Joey says:
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    Jay, I think your missing the point. This boy who took 300 pills (that’s about one full economy size bottle) is the victim here along with his parents and his parents should be awarded with a monetary sum similar to that of winning the lottery. The high sum is important because it represents what this suicidal boy should have been able to make in his life (assuming he doesn’t do this again) along with the pain and anguish that this doctor caused the family for not being able to stop this boy from his own doing. That Doctor shouldn’t have waited for any tests. He should have immediately performed some sort of miracle to save the boy from accomplishing what he set out to do, or even better driving the kid himself to the transfer hospital (of course this opens up the possibility for auto liability if an accident were to occur during transportation). I know this: If I’m ever in trouble for something I did to my self, I want that Jury to help me point the blame elsewhere. Who cares if it helps to deteriorate an already crippling healthcare system. We will still get to turn around and complain about rising healthcare costs when we are actually the ones to blame.

  • June 30, 2005 at 6:06 am
    Dr. Millamos (internal medi) says:
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    Beth,

    Had Dr. O, transferred this patient to Dartmouth-Hitchcock without obtaining the appropriate labs and treatment it would increase the delay in treatment of the adolescence, thus potentially causing further harm. It generally takes 15+ minuets for an ambulance to initiate transfer. Then if you factor in the transportation time to the second hospital along with the time it takes the receiving hospital to attain the labs and asses treatment. In this case the initial hospital decreases the time to treat the patient if they opt for immediate evaluation and treatment. This Doctor is in a no win situation. People with your line of thinking are a perfect example of what is going wrong with our legal system. In Florida I understand that contractors are setting up “dummy” LLC’s in order to minimize the effects of lawsuits in response to such an unforgiving tort system. If the contractor is sued, he simply closes that LLC and the Defendant is awarded the remaining assets (which are usually nothing). It seems Doctors are beginning to go bare in the state to. This seems to be the only way to combat people with your line of thinking. It will be a shame when someone who is truly injured by a negligent doctor, will not be able to collect on an award that is actually deserved. Good luck sleeping at night.

    Dr. Millamos

  • November 19, 2008 at 7:25 am
    leanne says:
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    I have read the comments and I am unsure on what to make of it. My daughter just started seeing Dr. Christopher Occhino today. I was made aware of this incident and decided to investigate. I have decided after seeing Dr. Occhino to keep him as my daughers doctor.
    He is extremely well with her. She gets very nervous around doctors and he put her at ease and was very attentative and explained to her what was happening and seemed to really care. Time will tell but I am glad he did not let this incident end his career.

  • April 29, 2009 at 6:55 am
    Dr Occhinos Patient says:
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    Dr Occhino is my primary doctor. In my opinion, he is an excellent doctor and would not consider searching for a new doctor due to this incident.

    The loss of a child is devistating, but I feel in this case, there is more to the story than what is written.

    According to the story, he did consult with an expert regarding transfer of the patient-and was told to stablize the pt first.

    This sounds like a case of sue happy parents looking for a fast buck.

  • October 6, 2009 at 9:02 am
    bob says:
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    this is typical
    “our son is depressed and kills himself, lets blame someone else, hopefully someone with money like a doctor.”
    i’m surprised they didn’t also sue his psychiatrist, girlfriend, and 1st grade teacher.

  • November 17, 2009 at 9:37 am
    Andrew says:
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    Dr Occhino is my primary doctor also. It sounds as though they should of sued ‘the expert’ who told Dr Occhino to do additional testing instead.
    This incident will not change my opinion of Dr Occhino as my primary care doctor. I have nothing but the utmost respect and trust in his abilities.



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