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Las Vegas Jury Failed to Follow the Law, in Finding for Hospital on Issue of Negligence

By Steve Lombardi

A jury in Las Vegas gave the nod to a hospital whose standard of emergent care is to wait 41 minutes to examine a patient complaining of chest pains, and who then dies in the emergency room floor. The jury actually deliberated for 79 minutes longer than it took the emergency room staff to put their hands on this man suffering a heart attack in the emergency room.

Jurors deliberated about two hours Friday afternoon before returning a verdict in favor of the hospital.

The jury found the hospital wasn’t at fault and that certainly would make the blue-suits in the hospital’s front office laugh with delight. Of course this verdict sends the message that a hospital system designed to deliver “emergency room care” at a standard as low as that of a second-world country will be acceptable to an American jury. And you wonder why America’s power is waning?

Las Vegas Gomer Pyle Jury Verdict Standard

http://www.youtube.com/watch?v=8BmurO7ZW_Q

Hopefully that standard will apply when one of these jurors or their relatives shows up in the E.R. complaining of chest pain. Remember, the standard you set as a juror will be applied to you. What goes around comes around. Do unto others as you would have them do unto you.

Waite represents survivors of Morton Scheinbaum, a 59-year-old Las Vegas man who suffered a fatal heart attack in the hospital's emergency department on Nov. 4, 2005. The attorney claimed 41 minutes passed from the time Scheinbaum arrived with complaints of chest pain until he received any hands-on treatment.

Now let’s get serious about what the jury did wrong. The jury failed to follow the law. What the jury should have found was that the hospital violated the standard of care in their community; a finding of negligence for the Plaintiffs and against the Defendants. If the jury truly believed the man’s heart was damaged beyond what current medical care could repair to save his life, then that is a proximate cause issue; not a liability issue. By finding no joy for the blue coats on the issue of liability the wrong message is sent and a standard set so low that we weaken the delivery health care system.

This jury decision shows bias and a lack of understanding of the law. They should be ashamed although I doubt they are capable of comprehending what they did wrong.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on February 05, 2009 (boomark / email).