After much deliberation at the tail end of a seven-week medical malpractice trial — 11 years in the making — a jury Thursday found Dr. Michael Rosner negligent and ordered $1 be paid to the estate of Pamela Justice. Park Ridge Hospital, where Rosner practiced at the time of the alleged incident, and Adventist Health were not held at fault.
Along with her husband, Billy Justus Jr., Pamela Justus filed the civil suit against Rosner, Park Ridge Health and the Fletcher-based hospital’s parent company, Adventist Health in 2003. In the action, the couple sought compensatory and punitive damages for what they alleged was negligence, fraud and a civil conspiracy driven by the opportunity for financial gain.
They claimed Rosner performed unnecessary surgery on Pamela Justus, resulting in a failure to remedy her medical problems of pain and fatigue, as well as creating additional health problems such as neck and back pain, severe headaches, nausea and a paralyzed vocal cord.
The trial began Aug. 11 with Judge Zoro Guice presiding — two years after 58-year-old Pamela Justus died of fatty liver disease on Sept. 20, 2012.
"The jury awarded $512,162 to Pam Justus's estate for personal injury then subtracted all but $1 because of "Pamela Justus's unreasonable failure ... to avoid or minimize" her serious health problems, including severe diabetes and obesity. She was also a smoker, suffered from depression and took a medicine cabinet full of painkillers, factors that the defense team hammered home repeatedly during the six-week trial."
That's much better reporting; but the award amount is still puzzling. Why award anything at all if there's no guilt on the doctor's part? Wonder how they arrived at a figure of $512,162.....(less $512,161 of course)
It appears that the jury mocked her undesirable health habits; then ridiculed the family with a $1 award....... :-0?>
I don't know a lot about personal injury law, and less about this particular case. But it is up to the jury to "calculate" the award, and they are instructed to consider several factors, including direct and indirect medical bills, lost wages (actual and potential), and pain and suffering. That's how you get an "odd" number instead of just "$500,000." Actual award may be reduced by the concept of "contributory negligence" other beliefs of the jury. Or it can be increased with punitive damages. In this case, it appears that the jury thought the doctor was slimey, but didn't kill the plaintiff, and the plaintiff didn't do much to help her own situation. Sounds like the defense might have done a better job painting the plaintiff with a black hat than their attorney did to paint her with a white hat.
No matter how one looks at the situation we're in today, one thing stands out clearly, and that's the TEA movement sprang up because of the GOP leadership, and if one really looks at the pattern the GOP has taken, (conspiracy or not) the GOP moved hard left as well, and the only explanation is an leftist infiltration of the GOP.
Remember, you are influencing thousands when you post. As a member, you are part of a small percentage of the vocal opposition, a special breed with the ability to communicate, something your audience either can't do, or hasn't the time for.
So use your ability wisely.
Thanks....
Good commentary here of what to expect from Republicans...
"Just wait until the republican primary clown car gets up a head of steam and the country gets a complete picture of the concepts and policies that will be required spewing for every wanna-be nominee. Imagine a candidate who supports:
(1) The continued anti-choice jihad to eliminate Roe and to recriminalize all abortions in America, the designation of "personhood" standing and the granting of full constitutional rights to fertilized eggs, and to restrict the availability of contraception.
(2) The last ditch stand against same sex marriage and LGBT rights, (which is really nothing more than a hateful fund raising campaign by charlatans like Ted Cruz).
(3) The never ending obstruction of immigration reform and the vilification of Latinos
(4) Unsustainable environmental policies that excuse the GOP's fat cat donors from having to conduct their business in a responsible manner that doesn't mortgage our future, and the requisite attacks on responsible climate science and the EPA.
(5) The decades old crusade to tear down the separation of church and state.
(6) The inherently racist policies of a party that's 89% white, that elects people like Mo Brooks who believes that Obama and the dems are waging a "war on whites."
(7) The subversion of our educational system highlighted by recent efforts to insert Moses into public school textbooks, (Texas), to "sanitize" curricula such that the history of social activism largely disappears from our history, (Colorado), and to give biblical superstition in the form of Creationism equal standing with the Theory of Evolution, (any red state in America).
(8) To shoot down every attempt at gun control legislation, even when it has overwhelming support from the American public as did the Universal Background Checks Bill which was supported by 90% of Americans.
This is the kind of madness a vote for the GOP empowers at any level of government."
This guy is way off. Everyone knows it's chem-trails that are spreading Ebola.
On a more serious note though, seems like the government is trying to hype up this Ebola thing to use as a false flag to attack West Africa under the pretext of them harboring WMD (Weapon of Mass Destruction ) training camps within their borders.
Vrede wrote:The RWNJs are freaking out because Obama tapped former Biden aide Ron Klain as ‘Ebola czar’.
"What does he know about Ebola???!!!"
Uhhh, he doesn't have to know anything about it, he'll have epidemiologists for that. I know some amazing healthcare people but I wouldn't trust them to manage the bureaucracy of a massive internal and international government response. We'll see how he does, but keeping a leash on Biden couldn't have been easy.
Let's analyze this for a moment:
Ebola:
an infectious and generally fatal disease marked by fever and severe internal bleeding, spread through contact with infected body fluids by a filovirus ( Ebola virus ), whose normal host species is unknown.
Odds are that my niece and nephew will not turn out as left as me. They're still kids but I wonder if in the future some Guide To Talking Turkey With Your Radical Uncle! will help them out.
Facts and figures and shit mean zilch to wingnuts. I have tried. They believe what they believe, in willfull disregard of facts.
People are crazy and times are strange. I'm locked in tight, I'm out of range.
I used to care, but, things have changed.
The wingunts are now considering not allowing the President to deliver the State of the Union address in Congress. Hilarious. Their hate and disrespect apparently knows no bounds. Actually, it's not hilarious, but quite pathetic and childish.
Quote of the Day, from that left-wing rag Forbes Magazine:
"All conservatives are such from personal defects. They have been effeminated by position of nature, born halt and blind, through luxury of their parents, and can only, like invalids, act on the defensive." Ralph Waldo Emerson.
O Really wrote:Quote of the Day, from that left-wing rag Forbes Magazine:
"All conservatives are such from personal defects. They have been effeminated by position of nature, born halt and blind, through luxury of their parents, and can only, like invalids, act on the defensive." Ralph Waldo Emerson.
Succinct and accurate.
People are crazy and times are strange. I'm locked in tight, I'm out of range.
I used to care, but, things have changed.