Two Plus Two Older Archives  

Go Back   Two Plus Two Older Archives > 2+2 Communities > Other Other Topics

Reply
 
Thread Tools Display Modes
  #1  
Old 02-24-2003, 06:09 PM
ripdog ripdog is offline
Senior Member
 
Join Date: Sep 2002
Location: Seattle area
Posts: 305
Default Organ Transplant Debacle

I just heard that the parents of the girl are lining up for their payoff. Since they are illegal aliens, do you think that they ought to be allowed this lawsuit? I think that they should have to cover the cost of the original operation before they're allowed to bring the suit. If they don't come up with the cash and sue, then I would have no problem with them being arrested as they arrive to court and immediately deported. Had the victim of this tradgedy been a convicted serial killer instead of a seventeen year old girl, I'd favor the impending lawsuit. I say kick their asses back to Mexico with zero compensation. I say this after the family of the girl refused to allow her organs to be donated out. I can understand their reluctance to allow this, but at some point the decision would come down to doing the right thing. Any other bleeding heart liberals out there feel the same way I do? I hope this isn't the beginning of my transformation into a dittohead. It really aggravates me that someone who isn't even supposed to be here in the first place can turn around and sue for big bucks. If it comes to fruition, I may jump on the "throw the bastards out" bandwagon.
Reply With Quote
  #2  
Old 02-24-2003, 06:26 PM
IrishHand IrishHand is offline
Senior Member
 
Join Date: Nov 2002
Posts: 888
Default Re: Organ Transplant Debacle

Combining tort reform with actual enforcement of our immigration laws and the world would be a better place.

In this case, I'm with you. Someone who shouldn't be in the country, then receives what is in effect a charitable operation should hardly be able complain that it didn't work out the way she wanted.
Reply With Quote
  #3  
Old 02-24-2003, 06:55 PM
B-Man B-Man is offline
Senior Member
 
Join Date: Sep 2002
Posts: 724
Default Re: Organ Transplant Debacle

I have to agree with you and (scary as it may be) Irish. If her organs were viable and her family refused to donate them, that is truly contemptible.

I have no problem providing emergency medical care to illegal aliens--to refuse would be immoral--but allowing them to sue for negligence is preposterous. They don't have the right to even be in this country, what makes them think they have the right to avail themselves of our court system? Illegal aliens should not have the same rights as citizens. Otherwise, what is the point of immigration laws?

The story of the the last few weeks of this girl's life is very sad. That does not, however, mean her family should become instant millionaires.
Reply With Quote
  #4  
Old 02-24-2003, 07:33 PM
MMMMMM MMMMMM is offline
Senior Member
 
Join Date: Sep 2002
Posts: 4,103
Default Re: Organ Transplant Debacle

I read that 16 Americans died waiting for transplants on the same day she received new organs. Given this fact, I think her parents should definitely have donated her remaining viable organs (such as kidneys)--and they should have done this whether she was an illegal immigrant or an American citizen. Now maybe in their stress the parents didn't think of this, or maybe they didn't even know that others were dying while awaiting organs. Still, even with a lot of sympathy for the girl, the scenario is somewhat disturbing. Also, a great many doctors are quitting due to insanely high malpractice insurance premiums...in Connecticut premiums rose by 50% in the last year alone...so should illegals be allowed to sue for things like this? I don't know. I do think in general that if we have a classification "illegal alien" it ought to mean something--or as Tom Haley points out, what's the point of immigration laws? We really can't just have an open-door policy where everyone who walks in illegally is entitled to all benefits and protections, to say nothing of the terrorists who are walking in. And INS is simply higjly ineffective when it comes to deportations. Maybe we really should have troops on our borders, and maybe that would help with: 1) illegal immigration 2) preventing terrorists from walking in 3) cutting down on the amount of drugs smuggled into the USA.
Reply With Quote
  #5  
Old 02-24-2003, 08:23 PM
HDPM HDPM is offline
Senior Member
 
Join Date: Sep 2002
Posts: 1,799
Default Re: Organ Transplant Debacle

Why shouldn't the doctor be sued? Should the doctor provide worse care to somebody based on citizenship? Once the doctor takes the case he or she has an obligation to provide the level of care appropriate in the jurisdiction/circumstances. Assuming he breached that standard of care, he should be liable for malpractice. Any damage award for economic loss could be reduced because of alien status I would think. I.E. earning potential should be based on home country etc... But no way should professionals treat people worse because they are illegals. I totally disagree here.
Reply With Quote
  #6  
Old 02-24-2003, 08:46 PM
Mat Sklansky Mat  Sklansky is offline
Senior Member
 
Join Date: Aug 2002
Posts: 145
Default Re: Organ Transplant Debacle

There is probably some flaw in my thinking, here. Or it may be a legal impossibility. But it seems right to me that the doctor should be sued for obvious negligence, and that a large portion of the money awarded should go, not to the parents, but to some other cause. Now I'll wait to hear what the problems with this notion are.
Reply With Quote
  #7  
Old 02-24-2003, 09:07 PM
HDPM HDPM is offline
Senior Member
 
Join Date: Sep 2002
Posts: 1,799
Default Re: Organ Transplant Debacle

Typically the damages go to family members and the estate of the deceased - which means parents in the case of kids. The law on wrongful death and recoverable damages varies by jurisdiction but tends to be well-settled and logical. I don't think it would work to give actual damages to some third party. It really is none of anybody else's business and should not benefit them. But some jurisdictions have thought about doing what you propose on punitive damages. On punitive damages it makes a lot more sense to give the money to those not concerned about the case. That is because the policy of punitive damages is to use the court's power to punish the defendant for reprehensible conduct whereas compensatory damages are designed to make the victims whole. I would favor a scheme that gives punitive damages (after a full fee of at least 40% to the plaintiff's attorney of course) to a worthy cause with a percentage going to the victim. Maybe 25% to the victim and the rest to some fund. I don't like the idea of it going to the government wthout strings, so I don't know exactly what I'd do with the money.
Reply With Quote
  #8  
Old 02-24-2003, 09:21 PM
John Cole John Cole is offline
Senior Member
 
Join Date: Sep 2002
Location: Mass/Rhode Island
Posts: 1,083
Default Re: Organ Transplant Debacle

Ripdog,

I'm bothered by your tone, quite frankly. Did you stop for a minute to consider that these people just lost a daughter? Isn't, given the circumstances, "lining up for their payoff" a bit cruel?

I know they should have considered other people in need, but, again, after what these people have gone through, denying the hospital the right to the newly transplanted organs is, at least, understandable.

Mary, the woman I live with, agrees with me, and just for a little perspective, she's on the list for a kidney and pancreas transplant, and may have to wait five or six years, if a match can be found at all. But, that's why we've been together for fifteen years--she has empathy and possesses a rare generousity of spirit, which I urge you to develop.

John
Reply With Quote
  #9  
Old 02-24-2003, 09:35 PM
brad brad is offline
Senior Member
 
Join Date: Sep 2002
Posts: 2,803
Default Re: Organ Transplant Debacle

i think it might matter whether they are illegal aliens who happened to go to the hospital,

vs.

mexican nationals who were let in over the border for humanitarian medical reaasons.

-----

the reason i say that is that in the second case since the medical service is free, they may have had to waive certain rights, although of course that can be easily challenged and stuff.

man im scared of hospitals and stuff. they put wrong organs in her, wrong blood type or whatever? once youre an adult you realize everybody is just winging it.
Reply With Quote
  #10  
Old 02-24-2003, 10:09 PM
Mark Heide Mark Heide is offline
Senior Member
 
Join Date: Sep 2002
Location: Illinois
Posts: 646
Default Re: Organ Transplant Debacle

Ripdog,

That Mexican family was granted visas to come to the US for that operation, so their legal status is legitimate. The money for the operation was provided by a private organization. This is unlike the Mexicans that come across the boarder in California to go to a hospital to have a baby that is payed for with taxpayer money.

Furthermore, anyone visiting another country abides by the laws of that nation, so they have the right to file a lawsuit.

Mark
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 06:14 AM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2021, vBulletin Solutions Inc.