Yeah but in this case it's the doctors and nurses fault for leaving the towel, they needed to be more careful. I don't think the family should get millions but the hospital should help out with medical expenses and the surgical team should be disciplined and it should be put on their record, but not fired. If they keep making mistakes like that then there is a problem.

 

Oh I agree, if it's detrimental to ones health or if it isn't an isolated issue one should have grounds to sue. But if it's one mistake in several thousand that does not result in death or further injury/complications I don't see the harm. This family is just trying to milk a mistake that didn't lead to the death or further injury of their family member. This is of course my opinion and anyone can take it how they see fit.

 

But there is no way to disprove/prove if the towel did in fact kill her.....regardless it can be argued that if the towel was not present she "might" have lived a little longer....thus creating the assumption that the towel being left behind did in fact cause a pre-mature death.

 

who knows how much longer she could have lived if there wasn't a towel in her lung!

 

exactly

 

 

Your point is moot. The issue standing before the court is whether the doctors, nurses and hospital failed and breached their duties of loyalty and care as a fiduciary to the patient. Furthermore, the cause of action for negligence will cover any and all damages, ascertained in the course of the case.

Wrongful death will probably be thrown out in a demurrer or Motion for Summary Adjudication.

The tort for negligence is easy enough to prove and if put in front of a jury, the hospital stands to lose MUCH more in economic damages as opposed to settlement.

100% certain they will settle out of court.

 

They're refreshing.

 

Judge Jaydy hahahah :bowdown:

 

I'm a wannabe know it all.

h:

But seriously, legally speaking.... this should be open shut.