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Her Blindness Isnt That Bad She Still Has One Good Eye NY Attorney Says During Negotiation
She fell out of her bed. Find outhow I was able to learn that the violated it's own protocol. Hand they notdone that this patient would have never fallen out of bed and fractured her shoulder. Doyou want to learn what happen hereé Come join me for a moment as I show you some great information.Hi I'm Gerry Oginski, I'm a Medical Malpractice and Personal Injury Attorney, practicing lawin the state of New York. She was hysterical, she was emotionally distraughtan ambulance had to be called by her family. They took her to a local emergency room andnow she couldn't calm down. She was screaming, she was hysterical, the s there immediatelygave her a sedative to try and calm her down.
With in a few minutes she was more relaxed.They left her on the table while they went out. Now, that's violation number one. Nowhow do I know that's a violationé I know that because after we started a lawsuit, I askedthe for their policies for the emergency room, for patients who come in with psychiatricproblems. For patients who are now sedated. What is the protocolé What is thepolicy about what happens to a patient when they are brought in in distressé The very first thing I learned by readingthe policies is that when a psychiatric patient is brought in, who is clearly unstable,number one, they are to be provided with a
monitor. That's like a babysitter, and whydo they do thaté To make sure the patient doesn't harm themselves. You might be asking,quot;How can they harm themselveséquot; Imagine the scenario. The patient is lying in a bed she's now sedated. She's not asleep but she's sedated. She's still emotional distraughtbut she's just a bit calmer. Now, she might get up out of bed to go to the bathroom. Shemight want to get up and go for a walk. Maybe if she smokes, she might want to go outsidefor a smoke. There are many different possibilities thatcan occur, but she might also intentionally try to harm herself. That's why the 'sown protocol said the patient is to have a
monitor. Did they do that in this caseé Absolutelynot. Why didn't theyé The couldn't answer my question when I asked them at pretrialtestimony. quot;Whyé Why wasn't this patient given a monitoréquot; quot;I don't know it's not my responsibility,the nurse is supposed to call. The psychiatrist is supposed to call. Somebody is supposedto get somebody to come in.quot; Everybody was pointing fingers at everybody else. No onewould take responsibility that not a single person did what they were supposed to do,so that's violation number one. Number two, now they left the patient sedatedon the bed. They didn't restrain her physically, they didn't tie her to thebed. That's problem number two. When you know
a patient is emotionally distraught and nowyou sedate her, if she wants to get up and go to the bathroom don't you think there'sa greater fall riské A greater risk of her falling out of bedé Of course there is. WhyéBecause she now has an altered mental state. Now her level of consciousness has decreasedbecause of this injection that they gave her. That was violation number two, clearly saysit in the policies. Now I showed these policies to theattorney who represented the and do you think they put their hands up and said,quot;Okay we give up let's settle this case.quot; No they didn't do that, instead they deniedthese policies applied to this patient, and
do you know when they finally accepted itéWhen we were getting to trial. When we were given a date to appear to pick a jury. That'swhen they finally turned around and recognized, quot;Okay you know whaté Maybe we do have someculpability here.quot; Someé This patient didn't do anything to fall off the bed on purpose.Had you not put her in this position. Had you had a monitor there to watch her she neverwould have fallen and fractured her shoulder. Why do I share this quick story with youéI share it with you just to give you one example of a patient I was able to help obtain compensation.Because a and it's staff violated the basic standards of medical care and theybroke their own protocol. I recognize that