Craig MurphyLas Vegas, Nevada. It was reported today that an infant has died as a result of a “disrupted catheter.” The cause of the “disrupted catheter” is the subject of an ongoing police investigation. Two nurses have had their licenses suspended and a reported to be persons of interest in the investigation. It is reported that there have been 14 reported incidents of disrupted catheters in a Las Vegas neonatal intensive care unit. The disruptions are believed to be intentional. The hospital involved, Sunrise Hospital, is reported to have notified the police of the situation and to have been cooperating with the Las Vegas police department investigation. Sunrise Hospital reportedly went as far as to have installed surveillance cameras as part of the investigation.
Medical malpractice tort reform laws provide economic protection to hospitals and doctors in all cases. Even in cases such as this where a baby dies due to improper and perhaps criminal acts, the insurance companies are given protection and the victims are left with little or no recourse. In the case of the baby who died as the result of the disrupted catheter, the total amount of damages will be limited to $350,000 in non-economic damages. Since it is a wrongful death case involving a baby, there will be no loss of future income, there will be no future medical care, there will be no future loss of support from the baby. All the damages are limited to pain and suffering, grief and the emotional distress of the parents during the ordeal leading up to the baby’s death.
Would anyone trade the life of their baby for $350,000? Would the parents of a new born baby go through the agony of knowing their baby’s life was at risk for any amount of money? Does anyone believe that $350,000 is sufficient compensation for the loss of a baby who should have been happy and healthy?
Money cannot make up for the loss of a child. However, that is how our society has determined that injury victims are compensated. We no longer subject the negligent party to the same fate as the injured victim. Our society no longer extracts and eye for an eye. Yet doctors and hospitals are only required to pay minimal amounts when their acts or failures to act cause harm or death to patients. It is the victims who are left with the life long results and insufficient compensation for their losses. The injury victims and their families are left with the burdens of the unfortunate results while the doctors and hospitals go on with business as usual.