General Discussion

TexasTowelie

(112,534 posts) Sat Apr 4, 2015, 02:45 PM Apr 2015

Dallas hospital’s owner says Ebola nurse Nina Pham’s lawsuit should be dismissed

Texas Health Resources filed a response Friday that “generally denies the allegations” in nurse Nina Pham’s lawsuit that poor training and preparation caused her to contract Ebola while caring for a patient.

The hospital system also denied violating Pham’s privacy after she became a patient.

Pham contracted the disease in October at Texas Health Presbyterian Dallas Hospital while treating Thomas Eric Duncan, the first patient diagnosed with Ebola in the United States. Duncan, who contracted the disease in his native Liberia, died Oct. 8.

Pham sued Texas Health Resources last month. The lawsuit seeks unspecified damages.

-snip-

Texas Health Resources said that because Pham contracted the disease while working for the hospital as an ICU nurse, her remedy should be a worker’s compensation claim.

Read more: http://www.dallasnews.com/ebola/headlines/20150403-dallas-hospitals-owner-says-ebola-nurse-nina-phams-lawsuit-should-be-dismissed.ece

[font color=green]Of course the hospital wants to change Pham's lawsuit to a WC claim. It would limit the amount that would be paid for their negligence.[/font]

11 replies

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Dallas hospital’s owner says Ebola nurse Nina Pham’s lawsuit should be dismissed (Original Post) TexasTowelie Apr 2015 OP

I doubt they get a summary judgement./NT DemocratSinceBirth Apr 2015 #1

I disagree with the hospital owner. Let her have her day in court. In_The_Wind Apr 2015 #2

Of course they say that... Kalidurga Apr 2015 #3

To get a summary judgement ... DemocratSinceBirth Apr 2015 #5

Of course they do. I hope she continues the case as they are wrong. If she was unable to make her ow uppityperson Apr 2015 #4

Then, it is presumed that her family gave permission for the video TexasMommaWithAHat Apr 2015 #8

I would not presume that. All the info so far says she gave consent, yet was also unable to consent. uppityperson Apr 2015 #9

First video TexasMommaWithAHat Apr 2015 #10

I hope she bleeds them dry rjsquirrel Apr 2015 #6

Hire a good lawyer Nina & TBF Apr 2015 #7

When do they hide behind their religion? Downwinder Apr 2015 #11

DemocratSinceBirth

(99,716 posts)

1. I doubt they get a summary judgement./NT

Reply to TexasTowelie (Original post)

Sat Apr 4, 2015, 02:49 PM

Apr 2015

In_The_Wind

(72,300 posts)

2. I disagree with the hospital owner. Let her have her day in court.

Reply to TexasTowelie (Original post)

Sat Apr 4, 2015, 02:50 PM

Apr 2015

She'll win.

Kalidurga

(14,177 posts)

3. Of course they say that...

Reply to TexasTowelie (Original post)

Sat Apr 4, 2015, 02:56 PM

Apr 2015

almost every defendant would say that.

DemocratSinceBirth

(99,716 posts)

5. To get a summary judgement ...

Reply to Kalidurga (Reply #3)

Sat Apr 4, 2015, 02:59 PM

Apr 2015

To get a summary judgement the court has to look at the plaintiff's case in the most positive light and dismiss it...

Not gonna happen...

uppityperson

(115,681 posts)

4. Of course they do. I hope she continues the case as they are wrong. If she was unable to make her ow

Reply to TexasTowelie (Original post)

Sat Apr 4, 2015, 02:57 PM

Apr 2015

own clinical decisions due to how ill she was, she was also unable to give consent to be filmed and publicized.

The lawsuit contains notes from Pham’s medical records on Oct. 14 from her pulmonologist that the doctor “discussed with her and reviewed in detail the consent form for release of information and she agrees to consent of information release.” The same doctor noted at the time that they discussed “end-of-life issues” with Pham and discussed Pham’s treatment plan with her family, “as patient is unable to make their own clinical decisions.”

Aldous believes that Pham could not have given consent if, as Texas Health Resources claims, she was “unable to make her own clinical decisions.”

TexasMommaWithAHat

(3,212 posts)

8. Then, it is presumed that her family gave permission for the video

Reply to uppityperson (Reply #4)

Sat Apr 4, 2015, 04:14 PM

Apr 2015

And at all times when we saw Pham on video, Pham did not appear to be mentally incapacitated to the point that she could not make her decision regarding the video, although admitted one cannot make a full judgment on the video alone.

Pham and the rest of the staff obviously did not have the necessary training to handle patients with Ebola (duh), so I think she has a strong case there, but not so much with the video.

uppityperson

(115,681 posts)

9. I would not presume that. All the info so far says she gave consent, yet was also unable to consent.

Reply to TexasMommaWithAHat (Reply #8)

Sat Apr 4, 2015, 04:16 PM

Apr 2015

TexasMommaWithAHat

(3,212 posts)

10. First video

Reply to uppityperson (Reply #9)

Sat Apr 4, 2015, 04:20 PM

Apr 2015

Well, this is the first video of Ms. Pham in Maryland.

ETA - Got that wrong. This is when she was on her way to Maryland. Anyway, I don't think Nina was very sick before she went to Maryland, although she was certainly suffering from emotional trauma at that point.

Miss Pham deserves a big settlement because the hospital put her and others at risk. Adding on the video offense, however, makes her look greedy, when you know the attorneys are the ones who are doing everything they can to increase the settlement. It's what attorneys do and do well.