On Being Human
Reading my first comments, I had to pause to rethink my stance. I find it really hasn’t shifted.
Yes, the transplantation mix-up in North Carolina was a horrid mistake. Yes, a young girl may suffer severe repercussions such as paralysis and brain damage, and possibly even death. Yes, someone lost a chance at a set of organs. But the bottom line was, it was a human mistake.
The hospital is already taking actions to make things right. They have added an extra level of checks to help prevent this from happening again. There will be no charges for the medical services being rendered. The hospital is supplying a full report to UNOS on the error, and they have gone very public with this. Contrite seems too light a word to use to describe their stance.
Consider this scenario: an ambulance is rushing a critical patient to the hospital. Every second counts. The hospital grounds border on a residential area. A block away from the emergency room, a child on a bicycle breaks away from his parents and despite their cries suddenly darts out into the road from between two parked cars. The child is struck and critically injured. Who do we sue? The hospital, which had the insensitivity to allow itself to be built in an area where people would eventually build their homes? The ambulance driver, who was obviously speeding? The parents, who failed to keep hold of their child at a critical moment. The people who designed the residential development, for building next to a hospital? Sometimes the best you can do is learn from errors, and take measures such as installing fencing and changing zoning laws so that such a thing is less likely to happen again. I’m not entirely sure that taking money from an insurance company qualifies as an effective punitive measure or a way to learn from the error. All it does reduce the number of ambulance drivers because the insurance rates go up, and forces hospitals to close and relocate to more remote regions, where they are less accessible in emergency situations.
I can’t speak for the child in North Carolina who has now undergone her second heart/lung transplant. Her parents will do as they feel is best. But I can speak for myself. And I will not have someone sued for trying to save my life. I know that if a mistake is made and something goes wrong, the hospital will provide whatever treatments and care I require to make it as right as possible. I cannot ask for more than that, and morally feel that I should not. And if I die, well that’s the risk I’m willing to take for a second chance at life. I accept human fallibility as part of the risks I face. And I won’t have someone sued on my behalf because they are human.
I completely echo these opinions. I used to work for doctors years ago, and saw some of the silly lawsuits that came from people just looking for some easy money.
What is it they say? To err is human, to sue someone for it takes a scumbag with a lawyer.
Alli
Since I live very close to this incident, I will say in defense of those who might sue that the paperwork very clearly identified the blood type. While erring is human, so is malpractice insurance–it’s not all about punishing doctors, sometimes it’s about compensating for actual damage. Jessica’s parents, who have publicly forgiven the doctor, might want to wait and see if she suffered any neurological damage from the rejection.
Keep your fingers crossed that the new transplant she received early this morning works out. (I had my brain surgery at Duke, simply as an aside.)
I’m glad you’ve had caring doctors. That matters a lot.
While I understand what you are saying, what they did was a major mistake. I feel bad for the hospital. Jessica is not the only one suffering, someone else was robbed of their heart and lungs. I hope her second surgery is sucessful.
I guess it all boils down to being human.
I came here to thank you for yet another laugh. I saw your comment on Moonridden girls diary and about choked on my hershey kiss LOL!
Of course I see you’ve written another wonderful entry. It’s funny because just last night I was telling my son that most teachers teach because ummm…they like to teach and care about their students…imagine that!
Perfection is a pretty hard standard to live by. I’m stressed trying to be perfect at work every day. I can only imagine what it would be like to know that your competance affects somebody’s life instead of their pocketbook.
~QE
I was going to write my bit here, but it got long. It’s in my diary instead. 🙂
Speaking as an ambulance driver, it is I who will be sued. I can be sued criminally and civilily (SP?). My school stresses the importance of getting my own libility insurance in addition to the addition insurance my fire department carries.
The accident would be my fault, and I would pay dearly. Bye-bye certification, bye bye job. Hello lawsuit. That is the nature of the business. I take and accept the risk of being sued everytime I drive code three to a call. I can be sued for wrongly treating a patient or not treating them at all (neglect). If I interpet a heart rhythm wrong and therefore push the incorrect drug, I am in the line of firing. I put myself in these situations, no one else, I am responsible.
Primum non nocere: "First, do no harm."
If my daughter received the wrong heart and lungs I would sue in a second. And then I would donate the money. That is too simple of a mistake. Reminds me of the space mistake years back when one team did their math in metrics, the other in English standards. (I think it is called that?)
Where is their quality control? As my school motto states: Res Ipsa Loquitur
I feel terrible for all involved.
goodness, it’s hot in here! everyone’s stance makes sense. however, i can see forgiving an honest mistake and not profiting off of it.
complicated issue, though. i don’t know how i’d feel if i were actually in a situation where a loved one died due to human error. i’d like to think i wouldn’t take legal action.
Come back and haunt us any way.
This wouldn’t be an issue if those big paydays didn’t come in court. Here’s the kicker: the jury is us.