Dornado

Even if the client is expressly telling them not to?

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kbdullah

I'm under the impression that the hospital believes that life begins at conception, but don't believe they committed wrongful death, and made the 'not yet alive' simply b/c it was the easiest way out.

Krstic All-Star

He should look to withdraw from the case then

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LIPA delenda est

Nimreitz

The pope obviously saw the gruesome death of that poor woman in Ireland as a good thing.

It's one thing for the church to publicly say something, and quite another for them to tell their lawyer "you must absolutely not make the only winning argument we have, and by the way we aren't settling either". No client is going to do that.

kbdullah

I don't think this was the church's only winning argument though. For one, I find it interesting that the court ruled against the plaintiff in all three matters, the mother and the two unborn, which calls into question whether the court was convinced there was wrongful death at any level.

Hyperion

What boggles the mind is that there was gross negligence in not attempting an emergency cesarian to save the babies. At 7 months, they're capable of living outside of the womb on their own or at the minimum in a NICU. However, the Church favors whatever laws give it the upper hand. Belief in God is one thing, belief in these people is another.

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"I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhauser gate. All those moments will be lost in time... like tears in rain...."

"The light that burns twice as bright burns for half as long - and you have burned so very, very brightly"

Nimreitz

This is not how the court system works. The plaintiff likely lost on summary judgment because there was no legal basis for the suit. You can't sue on wrongful death if there is no "death" according to Roe. It didn't go to trial.

Hyperion

This isn't true. The law only applies to first and second trimester. It also only applies to legal culpability if the mother. However, if you were to stab a pregnant woman and kill the fetus, you would be tried for double homicide.

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"I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhauser gate. All those moments will be lost in time... like tears in rain...."

"The light that burns twice as bright burns for half as long - and you have burned so very, very brightly"

Nimreitz

Which is not wrongful death. You are wrong. This case was dismissed on legal grounds because it failed to state a claim, not on a factual question submitted to a jury.

Criminal law is not civil law and "violence against the unborn" criminal statutes (which the state is free to enforce within the holding of Roe v. Wade) have not been extended to the tort of wrongful death, at least not in this particular state.

Hyperion

Which is why it's going up to the state supreme court at the minimum.

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"I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhauser gate. All those moments will be lost in time... like tears in rain...."

"The light that burns twice as bright burns for half as long - and you have burned so very, very brightly"

Nimreitz

The only comment I offered was that the court did not rule against whether it was a wrongful death, but rather ruled on what the law said is a necessary element to establish a case in an action for the tort of wrongful death.

RollWithEm

/thread

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But that's just me.

Hyperion

The judge there out the case even though the hospital failed to triage this woman properly nor act on an emergency in time to save three lives. There is absolutely a wrongful death suit here and the fact that this while case was thrown out indicates that they got a judge on their aside more than facts.

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"I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhauser gate. All those moments will be lost in time... like tears in rain...."

"The light that burns twice as bright burns for half as long - and you have burned so very, very brightly"

Nimreitz

You have absolutely no idea what you are talking about and should stop playing lawyer. Wrongful death is a very specific legal term and just because you think that it should cover the expiration of a fetus does not mean that it does. Perhaps it does in your state; there are more than 50 definitions of wrongful death in this country.

E: You can see here:

http://www.washingtonpost.com/blogs/...8NtR_blog.html

That Virginia only changed its law last year (if this law did get ratified). Texas also changed its law in the 2000s. Wrongful death is statutory which leaves judges with little wiggle room for "activism". The statute has historically meant that fetuses do not apply because the plain meaning of "person" does not include a fetus. By any non-activist interpretation, no judge could rule otherwise until the statute is changed.

Hyperion

For him to summarily throw out a wrongful death suit against the mother is suspect at the minimum, but hey that would open them up to "frivolous" lawsuits. Thank you for letting me know about healthcare law. Failure to treat in a timely manner is often as bad as mistreating. Having worked in a hospital, having someone code in the waiting room is something that can be considered failure to treat.

PS I may not be a layer but I do know enough about proper treatment protocols of pregnant women to know that a pregnant woman with sob and vomiting is a nearly immediate admit. She shouldn't have had an MI in the waiting room. That's my point. There are merits to this case that should have been heard at the minimum.

__________________
"I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhauser gate. All those moments will be lost in time... like tears in rain...."

"The light that burns twice as bright burns for half as long - and you have burned so very, very brightly"