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Doubt it's Malpractice, but....

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What is the name of your state (only U.S. law)? Arizona.

We have a situation in the media right now. 5 people were riding on a freeway on their way back from Disneyland and their tire blew and they rolled. One died at the hospital the next day, and there were two women (ages 19 and 21) who seemed to have had their identies switched. One of the women died, and the other is in ICU at St. Joes (a very good brain hospital).

The woman who died was thought to be the other woman for about a week. The family of both women did not know the identities were switched, until yesterday. Both women look very similar. Apparently there was a lot of head trauma and it was very difficult to confirm who was who at the scene. Dental records ultimately identified both women. It turns out the family that thought their daughter was dead is the woman fighting for her life, and vice versa.

There are, according to the article, apparently about 4 ways to positively ID someone, and dental records is one of the ways. Fingerprints, and DNA and something else were the other ways. I read it takes awhile to confirm via any of these methods. A week is not unusual.

There are a lot of people on Yahoo commenting that the lawyers are gonna come out of the woodwork to help the family sue (which family? Don't know). I don't think a mistake was made. It is a tragedy this occurred at all (the women's identities assumed to be the other's, and that one is dead and the other is in critical condition), but is it a malpractice case? Yahoo was originally trying to state that AZ officials were to blame, and even the girlfriend of the now living woman's father said they were to blame, but I would think that the EMTs and other emergency personnel have a greater duty to save a life not worry so much about who they are trying to save. (Or even if they are illegals - you gotta see this webpage, it will infuriate you how many people are commenting just because of their names and skin color! It doesn't mean they are illegals, and it doesn't matter if a life is at stake!)

So my question is, is this malpractice at all? I don't think so but the Senior Members would know for sure.

Thanks,
K
 


proud_parent

Senior Member
Was the cause of death the result of a medication error stemming from the misidentification?

Was the wrong person asked to consent to withhold or withdraw life support due to the misidentification?

If not, I don't see any basis for a medical malpractice claim.
 

Proserpina

Senior Member
Was the cause of death the result of a medication error stemming from the misidentification?

Was the wrong person asked to consent to withhold or withdraw life support due to the misidentification?

If not, I don't see any basis for a medical malpractice claim.


Google " Abby Guerra"


It's all over the media. :cool:
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Arizona.

We have a situation in the media right now.
Do we?

JessiesGirl30 said:
5 people were riding on a freeway on their way back from Disneyland and their tire blew and they rolled. One died at the hospital the next day, and there were two women (ages 19 and 21) who seemed to have had their identies switched. One of the women died, and the other is in ICU at St. Joes (a very good brain hospital).

The woman who died was thought to be the other woman for about a week. The family of both women did not know the identities were switched, until yesterday. Both women look very similar. Apparently there was a lot of head trauma and it was very difficult to confirm who was who at the scene. Dental records ultimately identified both women. It turns out the family that thought their daughter was dead is the woman fighting for her life, and vice versa.

There are, according to the article, apparently about 4 ways to positively ID someone, and dental records is one of the ways. Fingerprints, and DNA and something else were the other ways. I read it takes awhile to confirm via any of these methods. A week is not unusual.
I read about the situation.

JessiesGirl30 said:
There are a lot of people on Yahoo commenting
That's what they do.

JessiesGirl30 said:
that the lawyers are gonna come out of the woodwork to help the family sue (which family? Don't know). I don't think a mistake was made. It is a tragedy this occurred at all (the women's identities assumed to be the other's, and that one is dead and the other is in critical condition), but is it a malpractice case? Yahoo was originally trying to state that AZ officials were to blame,
Yahoo was?

JessiesGirl30 said:
and even the girlfriend of the now living woman's
Alive all along. ;)

JessiesGirl30 said:
father said they were to blame,
His assessment is not the legal one.

JessiesGirl30 said:
but I would think that the EMTs and other emergency personnel have a greater duty to save a life not worry so much about who they are trying to save. (Or even if they are illegals - you gotta see this webpage, it will infuriate you how many people are commenting just because of their names and skin color! It doesn't mean they are illegals, and it doesn't matter if a life is at stake!)

So my question is, is this malpractice at all? I don't think so but the Senior Members would know for sure.

Thanks,
K
One of these days, Atlas is going to shrug. EMTs and all the rest will quit helping people because of the lawsuits. :rolleyes::mad:
 
Yeah, that's what I'm afraid of. That those saints that put everything on the line to help save people will give up b/c of the lawsuits.

As far as I know, Yahoo, has now changed the title of the original article and it does not "blame" AZ officials.

No, the other woman apparently died at the scene. Not due to medication error or any error that is known to have contributed to her demise.

Thanks for your quick responses. I was just bored and curious.
 
And, it's sad the whole situation. One woman still is dead, and the other has a brain injury, a broken back and other injuries. Wow. She is going to have a long road ahead of her. Her family just came across in the Yahoo article as suit-happy instead of grateful that their family member is still alive. Yes, traumatic. No, not worth money.

Thanks to the 3 awesome Senior Members who replied :)

Kathy
 

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