Discussion: Dallas Nurse Who Survived Ebola To Sue Hospital

Discussion for article #233814

Pham absolutely needs to sue her hospital, or hospitals will continue to be negligent in protecting their staff and their patients from new medical situations that threaten them. There is no more powerful motivator to corporate management (of any industry) than the threat of dealing with a serious lawsuit if they don’t spend money and resources to do what they should be doing anyway.

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Cue up a Republican Congressman demanding tort reform in 5…4…3…2…1…

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Cheap bastards didnt even try to put the correct gear in the hospital. She’s lucky she was an employee and not a patient. Texas has limits on what patients can sue over. They won’t let it go to court. She’s the pretty hero nurse or survived Ebola. The other nurse will sue too. They gave the other nurse a new apartment or condo when she flew back. I think they had to destroy much of her personal property as part of the decontamination.

Yes, by all means. She should exercise her legal rights. I was struck by the accounts of how that first case was handled and allowed to spread. Having worked in emergency preparedness, my first thought was that the US has spent about a gazillion dollars since 911 on training and personal protective gear. What happened here? The hospital should have been up to speed for their own accreditation, if nothing else.They need to explain their obvious negligence. Period.

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Her lawyer is a great lawyer so it will be interesting to see how she gets around the exclusive remedy provision of workers comp. Most likely this lawsuit is just for publicity purposes. It will never survive the Texas Supreme Court anyways.

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" ‘Nina Pham bravely served Texas Health Dallas during a most difficult time. We continue to support and wish the best for her, and we remain optimistic that constructive dialogue can resolve this matter,’ Watson said."

What wasn’t said is that any suggestion they be held accountable is considered to be outside the realm of constructive dialogue. However, here’s a bone. Are you biting?

I’m no lawyer, but I seem to recall that the last time I was in the hospital I had to sign a document that said any causes of actions I might have against the hospital were to be settled by arbitration.
I don’t recall the wording, but that was the substance of it.
In theory, one can get justice out of arbitration, but the common belief is that the arbitrators are beholden to the hospital.
I guess we’ll find out.

I knew one woman, an RN, who had a botched operation and was left with an incision that would not heal.
Turned out a clamp had been left in her. She was awarded apprx $100 thousand with arbitration, an amount she had to share with her lawyer.

No question we have TPM readers who know a lot more about this than I do.

Aha! I didn’t even think of workers comp. Good Point.

From Reuters:

Pham said the hospital did not respect her right to privacy. In one instance, she was videotaped speaking to a doctor and the video was released to the media. Pham said it was done without her permission.

If this is true, that’s a HIPAA violation of the first order, and the feds should drop on Texas Health Resources like a ton of bricks. No way that should ever have happened. It’s one thing not to be prepared for something like Ebola, but HIPAA regulations are in inherent part of any clinical enterprise.

“. . . and we remain optimistic that constructive dialogue can resolve this matter.”

Get your checkbook out.

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Sounds like a workers comp case. How can she get around that and file s suit?

Good call. I didn’t see your post before I also mentioned the workers comp angle.

I hope she wins her suit. That is all.

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