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shitlaw all-stars: describe the difference in result btwn these two scenarios
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Date: April 24th, 2018 3:01 PM Author: mind-boggling spot new version 70 y/o patient in nursing facility is left unattended and falls, hitting his head and is now in a coma. doctors are saying that the family should just withdraw care because surgery doesn't have much likelihood of helping him.
Option 1: dude just dies.
Option 2: surgery. maybe makes some recovery, maybe ends up fucked up but alive, maybe dies on the table, maybe dies at some point after surgery.
what kind of difference in damages are we talking about? |
Date: April 24th, 2018 3:03 PM Author: Frisky organic girlfriend azn If docs are saying surgery is not recommended, I think the answer is clear. Sounds to me like you've got a wrongful death case. (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910128) |
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Date: April 24th, 2018 3:06 PM Author: mind-boggling spot new version yeah, i mean it seems like a way for them to inject "fault" on the family's part while also limiting damages by eliminating medical costs. (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910163) |
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Date: April 24th, 2018 3:07 PM Author: Frisky organic girlfriend azn I think you have to defer to the doctors on this first and then worry about the measure of damages thereafter.
If docs are pushing cessation of treatment or care (he's only 70!) then I would think both tactically and as a matter of the guy's health and dignity that's probably the better course.
Get a second opinion on the appropriateness of surgery though. 70 is young. |
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Date: April 24th, 2018 3:09 PM Author: mind-boggling spot new version hmmm, not the answer i expected. (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910194) |
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Date: April 24th, 2018 3:12 PM Author: Frisky organic girlfriend azn doctors need to be STRONG that surgery is not indicated. they have to be able to testify in court as such. Assuming they are, its a wrongful death case.
The real question--how many beneficiaries are there? |
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Date: April 24th, 2018 3:05 PM Author: Frisky organic girlfriend azn As for which outcome has greater damages, I cant answer this because it depends on what can be recovered by beneficiaries. You need to know the number of beneficiaries, and what the claims are that are permitted--loss of solace, companionship, claim for pain experienced prior to death? DC allows for both, other venues limit you to one claim or another. 70 is pretty young.
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Date: April 24th, 2018 3:10 PM Author: Frisky organic girlfriend azn I assume he was a known and documented fall risk? (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910198) |
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Date: April 24th, 2018 3:11 PM Author: mind-boggling spot new version i would assume so. (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910213) |
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Date: April 24th, 2018 3:13 PM Author: Frisky organic girlfriend azn Well, If its not you aint got shit. So better check that. Also how did he fall? did they tell him to ring a bell for service and he ignored it? or what. Facts matter broheim. (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910235) |
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Date: April 24th, 2018 3:23 PM Author: mind-boggling spot new version the orderly tornado DDT'd him off the top rope (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910341) |
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Date: April 24th, 2018 3:29 PM Author: Frisky organic girlfriend azn this sounds like a boxing or wrestling thing. Great Case! (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910409) |
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Date: April 24th, 2018 3:14 PM Author: Passionate den reading party sounds like option 1 is better for his estate. I'm not an all star though (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35910251) |
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Date: April 26th, 2018 11:55 PM Author: mind-boggling spot new version BABY ALFIE related update: so this guy came out of his comatose state. holy fuck. family was literally planning funeral arrangements. (http://www.autoadmit.com/thread.php?thread_id=3958600&forum_id=2#35929178) |