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Man burned himself up in VA hospital

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What is the name of your state?IL

Hi, asking for a friend. She had a husband, who had cancer in three parts of his body. He was in the Hynes Vet Hospital in Illinois. He had been heavily medicated, and we are guessing was delirious or simply wasnt thinking, anyway he lit a cigarette in his bed, and it caught him on fire, as well as the whole wing. He was pulled out of his room by a nurse, but not until he was burned over 30% of his body, (not superficial to the bone) . This hospital allows smoking on a seperate wing.
My question is, why was he allowed to have a lighter and cigarettes in his room where oxygen was in use, and he was unattended for at least 15 minutes after he was on fire. A roomate dragged himself out of bed and called for help. Jerry (victim) later died that night at Loyola Medical Center's burn unit. Oviously, Jerry should not have lit a lighter, we get that he is partially to blame, but does she have a case? He had another 8-12 months to live according to doctors, and now because of hospital neglect, he is dead.
What do you think? Please, no bias on my posting here. Please give me a answer regardless of your feelings for me.
Does she have a case? I think so, perhaps not. Medical cases are tough to win I know. But this accident cost a life.
 


rmet4nzkx

Senior Member
prettyredhead said:
What is the name of your state?IL

Hi, asking for a friend. She had a husband, who had cancer in three parts of his body. He was in the Hynes Vet Hospital in Illinois. He had been heavily medicated, and we are guessing was delirious or simply wasnt thinking, anyway he lit a cigarette in his bed, and it caught him on fire, as well as the whole wing. He was pulled out of his room by a nurse, but not until he was burned over 30% of his body, (not superficial to the bone) . This hospital allows smoking on a seperate wing.
My question is, why was he allowed to have a lighter and cigarettes in his room where oxygen was in use, and he was unattended for at least 15 minutes after he was on fire. A roomate dragged himself out of bed and called for help. Jerry (victim) later died that night at Loyola Medical Center's burn unit. Oviously, Jerry should not have lit a lighter, we get that he is partially to blame, but does she have a case? He had another 8-12 months to live according to doctors, and now because of hospital neglect, he is dead.
What do you think? Please, no bias on my posting here. Please give me a answer regardless of your feelings for me.
Does she have a case? I think so, perhaps not. Medical cases are tough to win I know. But this accident cost a life.
It raises a lot of questions and speculation would be the most anyone could do without access to the records while there does seem to be some liability simply because he may have had diminished capicity and allowed to have a source of flame in a no smoking wing, so the best thing to do would be for the widow to consult an attorney. Also since this was a VA hospital, it might involve federal court which has some restrictions insofar as damages.
 

Happy Trails

Senior Member
**Was the hospital even aware that he had the cigarettes and lighter? Someone could have given them to him without the hospitals knowledge.

Our VA hospital doesn't allow any smoking inside the building, that is why when you go there you see them all lined up outside.
 

You Are Guilty

Senior Member
So it's the hospital's fault that they "let" him have cigarettes and a lighter? And, following that logic train to it's scary conclusion, it then became the hospital's fault for "letting" him light up and not warning him not to?

Did the hospital also owe him a duty to warn him not to cut his arm off with an ax? To no punch himself in the testicles? To not eat his mattress?


Irrespective of all that, the fact that he was about to die anyway means that very few attorneys, even crappy ones, are going to be interested in this claim. The "damages" (in the legal sense) is what drives contingency cases. On the other hand, if you're (or your "friend" :rolleyes: ) is willing to pay hourly, I'm sure you'll find plenty of takers.
 

rmet4nzkx

Senior Member
Here is a news story, still not enough info and still under investigation:

Fatal Fire Ignites In VA Hospital Room
Fire Captain: Patient Smoking While Using Oxygen Tank
Source: WMAQ-TV NBC 5 (Chicago, IL), 2004-08-30

Intro:

A 56-year-old man died early Monday after catching fire as he smoked a cigarette while breathing from an oxygen tank in the west suburb of Hines...

According to hospital staff, the man was smoking in his room at the Edward Hines Jr. VA Hospital in Hines while also breathing air from an oxygen tank, Broadview fire Capt. Ned Thoma said.

The exact cause of the blaze is still under investigation, but apparently the burning cigarette set fire to the oxygen at around 4:43 p.m. Sunday, burning the man and causing a significant amount of damage to the room, Thoma said.
 

You Are Guilty

Senior Member
rmet4nzkx said:
The exact cause of the blaze is still under investigation, but apparently the burning cigarette set fire to the oxygen at around 4:43 p.m. Sunday, burning the man and causing a significant amount of damage to the room, Thoma said.
Perfect! Looks like the hospital can sue his estate for the damage he did to the room and equipment. Lookout! It's the Personal Responsibility Train and it's barreling through!
 

rmet4nzkx

Senior Member
You Are Guilty said:
Perfect! Looks like the hospital can sue his estate for the damage he did to the room and equipment. Lookout! It's the Personal Responsibility Train and it's barreling through!
We still don't now how he got the cigarette/lighter, if there were allowed because they were allowed to be used in other areas, if the patient was unable to leave their bed to smoke, if there was a lack of supervision of the patients, no smoke alarms, if you have ever been around a copd patient who still smokes they may not believe that smoking is the cause of their illnes or that it is a problem to smoke around oxygen. They frequently get busted in hospitals trying to sneak a smoke. Was he suicidal? We don't know, there will be an investigation and then some answers. Yes they might sue the estate however the hospital may be held responsible for not supervising him, it is not cut and dry.
 
LOOK I said it was a friend. Her name is MARTHA SARRINEN
The hospital is IMO partially responsible, and NO he wasnt suicidal. They should never have let him keep a cigarette lighter in a room with oxygen. He was able to smoke downstairs, so the staff knew he had a lighter.
I did tell her to seek several attorneys for opinions, and find one who isnt afraid to pursue for damages. The hospital can try to sue her, but she is penniless which is why this veteran was in a "free" hospital. Sue her. She has the better case, pending the outcome of the coroners report.
Thanks for the article snippet. I will advise her to seek legal assistance, rather a cut throat -go-for the blood lawyer in our town here, he is that good. Chances are he may go pro bono or pending payment on winning.
Thanks to all of you..! And for keeping it non-sarcastic, for the most part.
 

ellencee

Senior Member
Borrowing from Frasier's dialogue with Cliff, the mailman: What color is the sky in your world?

A debilitated 56 year-old man, in a VA longterm care facility, in a semi-private room, while receiving oxygen flicks his Bic and starts a fire that may or may not have been fed by additional oxygen from either a cannister or a concentrator, almost kills his roommate who has to 'drag himself out of bed', darn near burns down the room and the wing, a nurse hears about the event, stops what she was doing, runs to his room, risks her life to go into a burning room to try and save the patients, and the two of you are debating the probable liability of the nurse and the facility?

EC
 

rmet4nzkx

Senior Member
I'm not debating, I just got the article and posted that and pointed out some of the questions, that there is an investigation, the fact that lawsuits in federal courts have great limitations and that they could sue the estate. When I first saw the post I thought he might have been a case of spontanious conbustion. Smokers have a different reality :confused: :confused:
 

ellencee

Senior Member
It won't be a matter of his having a lighter or of his smoking in the presence of having COPD. The fire is being investigated, which means someone will be evaluating whether or not the facility was following its established/required procedures, if the smoke alarms or heat sensors and/ or sprinkler system were working, if fire emergency procedures were followed, if fire extinguishers were in position and properly maintained, if 911 was called promptly, and if the facility had any safety violations that had not been corrected and which contributed to the event.
It may even be investigated to see if the patient was given the opportunity to smoke according to facility policy. (The man had cancer and COPD, there is no need to deny him the pleasure of his smokes and give him nicotine withdrawals, too.)

A VA longterm care facility is not a maximum security institution and daily shake downs, room searches, and body searches are not required or expected. For sure, there are room and possession searches when indicated, but the residents retain their rights as US citizens, patients, and veterans.

It is a tragic event, though probably not avoidable. After the investigation is completed, if the facility is found to be negligent, then the wife may want to seek legal counsel. She should consult with an attorney anyway so she can gain the necessary information about statutes of limitations, requirements for a suit, and the lack of funds available for a monetary award.

EC
 

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