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Well, the cases are out there if you want them. Get your practicing wife to look them up on WestLaw.
There are many of them. I haven't decided if you are displaying arrogance or just lack of knowledge.
I doubt a law clerk has a great handle on the entire spectrum of medical malpractice of which informed consent is a big part.
Right now you are learning medicine. But you will not succeed unless you learn to cover your ass. And right now you don't know how, nor apparently do your mentors.
The day will come when you work somewhere that is accredited and you will find that your accrediting body will DEMAND that your facility DEMAND its providers to give informed consent. Any idea where those accrediting bodies like the JCAHO get their standards? Think about it!~ Every new standard follows on the heels of some case or other.
I have stated repeatedly that I do not practice law. But I do have my own seminar company and I teach these concepts to others. Teaching law does not require a license. I did not go to law school to practice, and most people who get the JD do not practice. Many people get the JD to become better and more knowledgeable in their current professions.
And yes you misspelled consent a couple of times.
You don't think after she went to the pharmacy numerous times to fill a prescription for which her son needed to be healthy, the son died from his human error lack of medicine, this poor creature lost her son, so some cheapskate comes up with the brilliant idea to jail the woman who tried to get help for her son to punish her further?The drug company was in the big middle of it. This isn't about what should be, it's about what is in place, and how error killed this child in spite of his mother's concerted efforts to get him medicine that was prescribed and by law, he was entitled to receive. This is a matter for a court of law, not the kangaroo court of public opinion.
Ok, but state law, the one I quoted, also says she can be prosecuted for abuse/neglect. And drug companies make drugs, they have nothing to do with county, state, or federal welfare programs. And other then filling out paper work, nothing is said about what the mother did or was doing between the time the boy ran out of meds, and when he died.
Double jeopardy, fella.
Yeah sit in an ER for 15 hours sometime waiting in their triage unit to be tended to and then they just write you a script for the same medicine, they don't give it to you.
That's not true. People who come to EDs for care are triaged. The people that wait for 15 hours are the people who have minor conditions and shouldn't be in the ER. Of course more severe people are going to jump them in line, that is the point of an ER. Any child that came in in respiratory distress would instantly go back for a medical resuscitation. You don't mess around with the airway.
And any patient who comes to the ER is owed a survey and exam under EMTALA. They can't just hand you a script without you being seen.
It took them 15 hours to get my son in for RSV and he was 2 years old..that is respiratory distress. I picked the 15 hours on purpose. I am pointing out though that getting them into the ER is going to do nothing except get them another script..she already had a script she didn't need another one.
you give informed consent when you fill the medication...the pharmacist has to inform you, not the doctor..that is why you get the little flyer in with your medication.
you give informed consent when you fill the medication...the pharmacist has to inform you, not the doctor..that is why you get the little flyer in with your medication.
Actually, BOTH of them have to inform you. Your doctor is not allowed to simply assume that the pharmacist will handle it. And neither of them are allowed to assume the "little flyer" is enough.
You assume that it was a $20 inhaler...I already pointed out that meds for asthma, maintenence or inhalers can cost up to $300 a month. People every day make the choice between food and meds..and if she had medcaid she can't afford expensive meds, because face it rich folks with extra money do not get medicaid. If they are her insurance company and they are..and they don't pay for something that they should have paid for then yes, they are negligent when the child dies. We don't know what steps she took to deal with the problem, so it should be a little clear to us that if an attorney took it on a percent basis and he likely did...because she don't have the money for an attorney, that he thinks he has a winnable case...which means she did things to try to solve the problem and it wasn't solved.
You assume that it was a $20 inhaler...I already pointed out that meds for asthma, maintenence or inhalers can cost up to $300 a month. People every day make the choice between food and meds..and if she had medcaid she can't afford expensive meds, because face it rich folks with extra money do not get medicaid. If they are her insurance company and they are..and they don't pay for something that they should have paid for then yes, they are negligent when the child dies. We don't know what steps she took to deal with the problem, so it should be a little clear to us that if an attorney took it on a percent basis and he likely did...because she don't have the money for an attorney, that he thinks he has a winnable case...which means she did things to try to solve the problem and it wasn't solved.
I don't assume anything about the cost of the inhaler. I assume that her child's life was in danger, and she diddled around for months without resolving the problem one way or another, until he finally died.
Medicaid should have found the glitch and cleared it up sooner, sure. SHE, on the other hand, should have done a lot more to make sure they did than just make some phone calls and then wring her hands when all that happened was that she was mailed a letter stating that her kid was eligible.
No one resolved the computer glitch. Most of Lucero-Mills' calls weren't returned.
Her son's asthma worsened after several months of being off the anti-inflammatory drug Advair, which kept the disease manageable.
The boy died in July 2009. He fainted at his home after telling his mother he couldn't breathe and then died a few days later at Children's Hospital when he was taken off a ventilator.
State investigators later found the boy died of complications from his condition, which was covered by a state health plan that should have paid for the prescription medication he needed.
"I want this not to be the story of anyone else's family," Lucero-Mills said. "Something has to change."
The suit against Denver seeks monetary damages and relief for her emotional loss and grief. The city fixed Zumante's eligibility status to pay for his funeral, according to court documents.
Three then-employees of Denver County Human Services are named in the lawsuit, in addition to the county. Holly Lumpkin was Zumante's caseworker, and Lumpkin's supervisors, Teresa Long and Annette Williams, also were named.
Lucero-Mills repeatedly tried to fill prescriptions at Walgreens.
The county automatically generated paperwork after her continual calls and sent it to the family's home. It verified Zumante qualified for Medicaid yet pharmacists said he wasn't in the system.
Mom sues Denver, three workers over child's death - The Denver Post
If the child was legally eligible for the medicine and either medicaid glitches or the pharmacy glitch caused her a denial that resulted in his death..yeah they are legally responsible. Nurses and doctors can be sued individually as well as hospitals so why not pharmacies when they are neglectful? All it would have taken is them calling medicaid to verify eligibility. The mother tried several times to get the child´s medication so she was not the one that was neglectful.
That's how I concluded the pharmacy was in the big middle of it and refused to provide the correct medications for the victim, her son. According to what this says, it was Walgreen's who told her that her son was ineligible for Medicaid. That makes Walgreen's a spokesperson in behalf of a government that screwed up big time.
You assume that it was a $20 inhaler...I already pointed out that meds for asthma, maintenence or inhalers can cost up to $300 a month. People every day make the choice between food and meds..and if she had medcaid she can't afford expensive meds, because face it rich folks with extra money do not get medicaid. If they are her insurance company and they are..and they don't pay for something that they should have paid for then yes, they are negligent when the child dies. We don't know what steps she took to deal with the problem, so it should be a little clear to us that if an attorney took it on a percent basis and he likely did...because she don't have the money for an attorney, that he thinks he has a winnable case...which means she did things to try to solve the problem and it wasn't solved.
I don't assume anything about the cost of the inhaler. I assume that her child's life was in danger, and she diddled around for months without resolving the problem one way or another, until he finally died.
Medicaid should have found the glitch and cleared it up sooner, sure. SHE, on the other hand, should have done a lot more to make sure they did than just make some phone calls and then wring her hands when all that happened was that she was mailed a letter stating that her kid was eligible.
actually you make lots of assumptions..the doctor didn't do anything wrong and the only way he can be sued is if he gives the wrong script...not for giving a script and not telling every little minute detail about it. The pharmacy is responsible for the side effects, making sure that the script is filled according to doctor orders..no one is going to give a patient money for the dr not telling them all the side effects of the meds..or for getting a signature to approve the meds they are given..the doctor hands you the script you either get it filled or you don't...your choice. You get it filled you have agreed to that treatment period...you gave consent. That said, if you were truly a professional you wouldn't be making assumptions about this woman based on one newspaper article...you know zero about the case.
No one resolved the computer glitch. Most of Lucero-Mills' calls weren't returned.
Her son's asthma worsened after several months of being off the anti-inflammatory drug Advair, which kept the disease manageable.
The boy died in July 2009. He fainted at his home after telling his mother he couldn't breathe and then died a few days later at Children's Hospital when he was taken off a ventilator.
State investigators later found the boy died of complications from his condition, which was covered by a state health plan that should have paid for the prescription medication he needed.
"I want this not to be the story of anyone else's family," Lucero-Mills said. "Something has to change."
The suit against Denver seeks monetary damages and relief for her emotional loss and grief. The city fixed Zumante's eligibility status to pay for his funeral, according to court documents.
Three then-employees of Denver County Human Services are named in the lawsuit, in addition to the county. Holly Lumpkin was Zumante's caseworker, and Lumpkin's supervisors, Teresa Long and Annette Williams, also were named.
Lucero-Mills repeatedly tried to fill prescriptions at Walgreens.
The county automatically generated paperwork after her continual calls and sent it to the family's home. It verified Zumante qualified for Medicaid — yet pharmacists said he wasn't in the system.
Mom sues Denver, three workers over child's death - The Denver Post
Why did Mom not take further action? Why was Mom conditioned to take further action? Conditioned State Dependency? This is not about blaming Republicans now is it? Really?
No one resolved the computer glitch. Most of Lucero-Mills' calls weren't returned.
Her son's asthma worsened after several months of being off the anti-inflammatory drug Advair, which kept the disease manageable.
The boy died in July 2009. He fainted at his home after telling his mother he couldn't breathe and then died a few days later at Children's Hospital when he was taken off a ventilator.
State investigators later found the boy died of complications from his condition, which was covered by a state health plan that should have paid for the prescription medication he needed.
"I want this not to be the story of anyone else's family," Lucero-Mills said. "Something has to change."
The suit against Denver seeks monetary damages and relief for her emotional loss and grief. The city fixed Zumante's eligibility status to pay for his funeral, according to court documents.
Three then-employees of Denver County Human Services are named in the lawsuit, in addition to the county. Holly Lumpkin was Zumante's caseworker, and Lumpkin's supervisors, Teresa Long and Annette Williams, also were named.
Lucero-Mills repeatedly tried to fill prescriptions at Walgreens.
The county automatically generated paperwork after her continual calls and sent it to the family's home. It verified Zumante qualified for Medicaid yet pharmacists said he wasn't in the system.
Mom sues Denver, three workers over child's death - The Denver Post
Why did Mom not take further action? Why was Mom conditioned to take further action? Conditioned State Dependency? This is not about blaming Republicans now is it? Really?
after several months of being off the anti-inflammatory drug Advair,
Advair is not a $20 drug it is a $250 drug...most folks can't afford it.
Clearly the mother wasn't willing to pay even $10 for an emergency inhaler, Albuterol.
Patients without insurance can expect to pay between $30 and $60 for their albuterol and the inhaler. The cost varies depending upon the dosage and brand of medication. Those with insurance will pay typical copays and coinsurance rates, which can range from $5 for the generic version to $50 for a brand name.
Why did Mom not take further action? Why was Mom conditioned to take further action? Conditioned State Dependency? This is not about blaming Republicans now is it? Really?
after several months of being off the anti-inflammatory drug Advair,
Advair is not a $20 drug it is a $250 drug...most folks can't afford it.
Advair is an expensive drug and it takes days to weeks to start working, it's a steroid. Albuterol is a rescue inhaler, takes seconds to work, it's probably one of the most popular asthma drugs around and I used to pay $10 for it at Costco pharmacy. In months and months this mother couldn't spend $10, maybe $20 at a Walgreens for a rescue inhaler that she should have had on hand anyway for break-through asthma attacks.
Bleh....
Clearly the mother wasn't willing to pay even $10 for an emergency inhaler, Albuterol.
Advair cannot be replaced with Albuterol. If you know about asthma meds and I do..Albuterol is an emergency medication for an attack and Advair is a maintenence medicine for severe asthma..you cannot replace one with the other..Advair costs in the area of $250...Albuterol isn't so cheap either and your body can become accustomed to it to the point that it no longer works.
Here is what Albuterol costs..
Patients without insurance can expect to pay between $30 and $60 for their albuterol and the inhaler. The cost varies depending upon the dosage and brand of medication. Those with insurance will pay typical copays and coinsurance rates, which can range from $5 for the generic version to $50 for a brand name.
Cost of an Albuterol Inhaler - Get Information and Prices - CostHelper.com
If the child is small they usually give them a nebulizer which costs from $200 to $300 without insurance..but the medication we are talking about is not Albuterol it is Advair.
after several months of being off the anti-inflammatory drug Advair,
Advair is not a $20 drug it is a $250 drug...most folks can't afford it.
Advair is an expensive drug and it takes days to weeks to start working, it's a steroid. Albuterol is a rescue inhaler, takes seconds to work, it's probably one of the most popular asthma drugs around and I used to pay $10 for it at Costco pharmacy. In months and months this mother couldn't spend $10, maybe $20 at a Walgreens for a rescue inhaler that she should have had on hand anyway for break-through asthma attacks.
Bleh....
You can't replace Advair with an emergency inhaler, one is maintenence...the Advair, and the other is for an attack alone which is Albuterol, combivent or something of that sort...Advair is the drug he needed not Albuterol.
Clearly the mother wasn't willing to pay even $10 for an emergency inhaler, Albuterol.
Advair cannot be replaced with Albuterol. If you know about asthma meds and I do..Albuterol is an emergency medication for an attack and Advair is a maintenence medicine for severe asthma..you cannot replace one with the other..Advair costs in the area of $250...Albuterol isn't so cheap either and your body can become accustomed to it to the point that it no longer works.
Here is what Albuterol costs..
Cost of an Albuterol Inhaler - Get Information and Prices - CostHelper.com
If the child is small they usually give them a nebulizer which costs from $200 to $300 without insurance..but the medication we are talking about is not Albuterol it is Advair.
Advair is an expensive drug and it takes days to weeks to start working, it's a steroid. Albuterol is a rescue inhaler, takes seconds to work, it's probably one of the most popular asthma drugs around and I used to pay $10 for it at Costco pharmacy. In months and months this mother couldn't spend $10, maybe $20 at a Walgreens for a rescue inhaler that she should have had on hand anyway for break-through asthma attacks.
Bleh....
You can't replace Advair with an emergency inhaler, one is maintenence...the Advair, and the other is for an attack alone which is Albuterol, combivent or something of that sort...Advair is the drug he needed not Albuterol.
You do not need a nebulizer, an inhaler is very effective. I know asthma meds well as well and I never claimed they were the same. What I wrote is that it is a RESCUE INHALER. Most kids with asthma have one at home and one at school in case of a severe problem.
As a nurse I know of very few severe asthmatics that do not keep a rescue inhaler on hand. Mom didn't even have THAT. THAT would have saved the child's life. This would be a non issue had she had that.