A FETUS IS A PERSON!!! (oh wait, it's gonna cost us money?!?) A FETUS IS JUST A FETUS!!!

beth

Administrator
Staff member
And the article and vid also says that the Catholic bishops of Colorado will review the litigation and Catholic Health Initiatives' practices "to ensure fidelity and faithful witness to the teachings of the Catholic Church."
Of course the hospital will attempt to avoid as much culpability as possible, and certainly, the lawyers will do that. The litigation judgment, it seems, also followed the laws of Colorado. Seems to me that this is not really over. My bet is that the Church will settle.
 

crimzy

Active Member
The separation of church and state is not just a cliche. The Catholic church believes that human life begins at conception while the law regards human life to begin at birth. This is not a contradiction at all considering that church and state are wholly separate under the constitution. The lawyers for the hospital had to make their legal argument that there could be no wrongful death until after a live birth because they were in a courtroom, which is bound by the legal definitions provided to it. Had they not made the argument then the attorneys would have committed malpractice.
 

darthtang aw

Active Member
The separation of church and state is not just a cliche. The Catholic church believes that human life begins at conception while the law regards human life to begin at birth. This is not a contradiction at all considering that church and state are wholly separate under the constitution. The lawyers for the hospital had to make their legal argument that there could be no wrongful death until after a live birth because they were in a courtroom, which is bound by the legal definitions provided to it. Had they not made the argument then the attorneys would have committed malpractice.
To further expand on that, sound like it may go to Supreme Court eventually. If this is the case, The supreme court will agree, if they don't, it opens the door to over turn Roe V. Wade based off this ruling. Anyone ever stop to think this might be what the Catholic church is testing?
 

beth

Administrator
Staff member
Quote:
Originally Posted by Darthtang AW http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510079
To further expand on that, sound like it may go to Supreme Court eventually. If this is the case, The supreme court will agree, if they don't, it opens the door to over turn Roe V. Wade based off this ruling. Anyone ever stop to think this might be what the Catholic church is testing?
R vs W will not be overturned, and I doubt this will go beyond mediation and a settlement.
 

darthtang aw

Active Member
R vs W will not be overturned, and I doubt this will go beyond mediation and a settlement. 
I doubt it would be overturned as well. But if it makes it up the court chain....and the Supreme court were to rule for the plantiff, this would be contradictory to Roe V Wade. My understanding is Rowe V Wade was ruled upon based on an unborn baby not being a living person....
 

reefraff

Active Member
Quote:
Originally Posted by crimzy http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510074
The separation of church and state is not just a cliche. The Catholic church believes that human life begins at conception while the law regards human life to begin at birth. This is not a contradiction at all considering that church and state are wholly separate under the constitution. The lawyers for the hospital had to make their legal argument that there could be no wrongful death until after a live birth because they were in a courtroom, which is bound by the legal definitions provided to it. Had they not made the argument then the attorneys would have committed malpractice.
This^^^^
 

flower

Well-Known Member
I read the article...the 28 year old pregnant woman died in the emergency room lobby of a heart attack and her unborn twins died with her body...How is the hospital or it's owner responsable?
 

beth

Administrator
Staff member
Quote:
Originally Posted by Flower http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510095
I read the article...the 28 year old pregnant woman died in the emergency room lobby of a heart attack and her unborn twins died with her body...How is the hospital or it's owner responsable?
This is a good question. You would assume that if you go to an ER that you are going to at least have an immediate eval to minimally assess the actual urgency of the problem. Of course, that rarely happens given the nature of our ERs being a revolving door for sick people who should be going to the clinic or seeing their primary, not going to the ER. Did this woman go in complaining of chest pains and not being able to breathe? That would have, and should have warranted an immediate eval to assess the problem, not "oh, just go sit in the lobby and wait your turn". The fact that she is also pregnant with symptoms should have resulted in some quick attention.
Her husband won the case against the hospital, right?
 

reefraff

Active Member
Husband lost on all 3 counts. Woman went in vomiting and complaining of shortness of breath. Not really classic Heart Attack symptoms.
 

flower

Well-Known Member
Quote:
Originally Posted by Beth http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510102
This is a good question. You would assume that if you go to an ER that you are going to at least have an immediate eval to minimally assess the actual urgency of the problem. Of course, that rarely happens given the nature of our ERs being a revolving door for sick people who should be going to the clinic or seeing their primary, not going to the ER. Did this woman go in complaining of chest pains and not being able to breathe? That would have, and should have warranted an immediate eval to assess the problem, not "oh, just go sit in the lobby and wait your turn". The fact that she is also pregnant with symptoms should have resulted in some quick attention.
Her husband won the case against the hospital, right?
Hi,
Just to be sure I went back and re-read it...
Quote:
After about two years of litigation, defense attorneys for the hospital and doctors entered an argument that shocked the widower.
They said that under state law, an embryo is not person until it is born alive, according to court documents. The Stodghills' twins were deceased when they were removed from their mother's lifeless body.
"I didn't even get to hold them," Jeremy Stodghill said. "I have an autopsy picture. That's all I've got."
The court agreed with the argument, and Stodghill lost the suit. The court also ruled against Stodghill in the case of his wife for other legal reasons.
The hospital and doctors then sued him for over $118,000 legal fees and attempted to garnish his wages, according to a legal document filed on his behalf.
The defendants offered to forget the fees if Stodghill dropped his appeal. He refused and filed for bankruptcy to avoid having to pay the claim, which he says he can't afford as he struggles to raise his now-9-year-old daughter, Libby.
:Unquote
So no he didn't win his case. IMO>..Sadly the poor man is grief stricken, and anger is easier to deal with then grief. His wife died, no fault of the hospital. The really bad kick in the stomach is the bill for the hospitals legal fees...that's right up there with the way china shoots a condemned criminal, then bills the family for the bullet. The poor man claimed bankruptcy to avoid paying the hospital bill, and I don't blame him a bit.
Our country declares an unborn child to be a child when it suites them...a murderer who murders a pregnant woman is charged with a double homicide (justly so)...yet it's just a fetus when mommy wants to terminate the pregnancy. In order for mommy to have that right, the baby in the womb is seen as a fetus by the hospitals that perform abortions.
Fact is that the hospital didn't kill his babies, they sadly died with mom. It was a pitiful thing that he didn't get to hold them when he clearly wanted to. (it brought tears to my eyes to read that) the hospital was still deemed not at fault for any wrong, since they took the stand that they were a part of moms dead body...removed at autopsy for examination...just a fetus, and letting Dad hold the dead babies... I doubt was ever considered until later when he complained. Folks are not allowed to go and watch the autopsy of a loved one...it's morbid, and not good for ones mental health. I would think seeing his little unborn children being removed from mom's body...would have haunted him....I think he needs some counseling to help him to be able to cope with his loss.
He has his little girl, and he claimed bankruptcy so the hospital didn't get a dime from him...it's time for him to move on and try to heal. The Catholic church and the media want to make it all a circus to launch their beliefs and get a debate going.
 

beth

Administrator
Staff member
I have to wonder why he lost the case pertaining to his wife. Seems to me, if you check in to an ER with difficulty breathing and you're pregnant, that that would have warranted a speedy medical assessment.
I think there is more to this then what's in that story; but, I agree, the hospital going after the guy when he'd already been beaten to ground is cold-hearted, especially coming from a Catholic hospital.
 

reefraff

Active Member
Quote:
Originally Posted by Beth http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510130
I have to wonder why he lost the case pertaining to his wife. Seems to me, if you check in to an ER with difficulty breathing and you're pregnant, that that would have warranted a speedy medical assessment.
I think there is more to this then what's in that story; but, I agree, the hospital going after the guy when he'd already been beaten to ground is cold-hearted, especially coming from a Catholic hospital.
It comes down to triage. If they followed proper procedure then they wouldn't be at fault. The reason the hospital sued for costs was to make an agreement for him not to appeal. He refused the deal and appealed so they sued for costs/
 

crimzy

Active Member
I agree with the hospital suing for leverage... it's just strategy. Don't forget that the guy was suing the hospital to get paid. The fact that he lost his case, with his damages, suggests that liability just couldn't be shown... ie maybe the hospital actually didn't do anything wrong. It sounds like they just wanted to bring the situation to an end.
 

flower

Well-Known Member
Just because you make it to the ER doesn't mean you are home free...a massive heart attack, if you have one.... your chances are best if it happens in a hospital, but even being rushed right in doesn't mean they could have saved her. I'm sure the autopsy showed a massive blockage or something that exonerated them.
My brother-in-law died on his way into the hospital ... autopsy showed his main artery was blocked...nothing could have saved him unless the blockage was detected weeks before and angioplasty was done.... after the artery closed with full blockage, and the heart attack began, it was too late.
The story didn't say she was in there for any real time, just that she was there and died. I'm sure if she was there waiting, and waiting...... the news would have had a field day reporting all about it.
The poor man was upset and lashed out...I'm sure he's absolutely convinced the hospital was at fault, and that they could have saved her if only.......
It's a sad story, and I say a little prayer for him and his little girl.
 

darthtang aw

Active Member
I have to wonder why he lost the case pertaining to his wife.  Seems to me, if you check in to an ER with difficulty breathing and you're pregnant, that that would have warranted a speedy medical assessment.
I think there is more to this then what's in that story; but, I agree, the hospital going after the guy when he'd already been beaten to ground is cold-hearted, especially coming from a Catholic hospital. 
I have a had partial pnuemothorax three times early in life. The first time it occurred I complained of severe chest pain, inability to breath and unable to lift my left arm. I waited in the waiting room for two hours while under the impression i was having a heart attack. You would think with those conditions I would be seen right away as well. However due to ER overflow and what was already being dealt with I had to wait.
 

flower

Well-Known Member
Quote:
Originally Posted by Darthtang AW http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510197
I have a had partial pnuemothorax three times early in life. The first time it occurred I complained of severe chest pain, inability to breath and unable to lift my left arm. I waited in the waiting room for two hours while under the impression i was having a heart attack. You would think with those conditions I would be seen right away as well. However due to ER overflow and what was already being dealt with I had to wait.
Wow...where do you live?
In my area, and in Wisconsin where I used to live, if you walk in with anything that COULD be a heart attack, the only person ahead of you would be someone bleeding out. My granddaughter (16 yrs old) my daughter, and myself has had that call and never waited at all. The moment we walked in and said we have chest pain...we were ushered to a room and treated right then. Once because the hospital was busy, they moved my bed over in the same room with me and treated an old guy suffering with a fast heartbeat (200, I remember seeing the count on the EKG monitor)...I watched them work on him. They did wheel me out to the hall before I found out his outcome. I was stable at that point.
I stand by my thoughts in the situation we are discussing...there was no wait involved, or it would have been reported in the article.The cause of death would be revealed at the autopsy. The main concern they were looking to answer was if she had been treated immediately would she have lived. That finding would no doubt have made the hospital responsible. The autopsy didn't reveal such a thing, or the media would have had a filled day.
What I really don't understand is why this event became a baby vs a fetus argument. If this was a Catholic hospital, it would have been viewed as an unborn child not a fetus. Maybe the widower was just surprised the hospital called the twins a fetus, and considered it a part of the dead mom's body. The very fact he has a picture shows that they did consider them children .. I bet they didn't take a picture of her heart and lungs. Those organs, they just weigh out and record at autopsy. The hospital wouldn't have let him be present during autopsy and they won't allow a person to hold the dead either.
No matter how you think of it, a baby or fetus, until baby is born, it is part of the mothers body. I would think when mom collapsed in cardiac arrest in the lobby, they began CPR and tried to save her, not just leave her on the floor. As the mother died and they were unable to revive her, the twins died along with her. They use shock and adrenaline to try and get the heart beating again...both treatments would kill or severely damage the unborn, not to mention the lack of oxygen during the entire event leading up to her death. If they just started cutting the twins from her as soon as she collapsed, they would have killed her ... and then the dad would have had a case, but he would have two little babies alive and well. By trying to save mom, they lost them all. The doctors and nurses couldn't have known the outcome, so their actions were not negligent.
 

beth

Administrator
Staff member
Most ERs now publish "wait time" on their online webpages so, before you go, you can check this out. If you live in a city with more than 1 hospital, then you can kinda shop around for the hospital with the least wait time. If you feel that you are in eminent danger, such as having a heart attack, call the EMTs. Ambulance patients get bumped to the front of the line.
Still, someone presenting with chest pains and difficulty breathing should get an immediate triage. A few years ago, I was experiencing chest pain for several days, and difficulty breathing. It finally got so bad I could hardly move. Went to ER and was ushered right in with a nurse escort--no tirage. Now I knew I wasn't having a heart attack since this had been progressing for several days. But, just because I had chest pains, and difficulty breathing, there was no waiting. I ended up with pleurisy and got admitted.
 

flower

Well-Known Member
Quote:
Originally Posted by Beth http:///t/394362/a-fetus-is-a-person-oh-wait-its-gonna-cost-us-money-a-fetus-is-just-a-fetus#post_3510200
Most ERs now publish "wait time" on their online webpages so, before you go, you can check this out. If you live in a city with more than 1 hospital, then you can kinda shop around for the hospital with the least wait time. If you feel that you are in eminent danger, such as having a heart attack, call the EMTs. Ambulance patients get bumped to the front of the line.
Still, someone presenting with chest pains and difficulty breathing should get an immediate triage. A few years ago, I was experiencing chest pain for several days, and difficulty breathing. It finally got so bad I could hardly move. Went to ER and was ushered right in with a nurse escort--no tirage. Now I knew I wasn't having a heart attack since this had been progressing for several days. But, just because I had chest pains, and difficulty breathing, there was no waiting. I ended up with pleurisy and got admitted.
You're right about the ambulance, and the best thing is that they can stabilize you right then as you travel and not have to wait until you get to the hospital to begin. So fellow Americans, if you have chest pain or any other sign of heart troubles...call 911 and get help ASAP!
 

reefraff

Active Member
When I went in for an irregular heartbeat I was waiting for like an hour and this was at midnight during the week. I wasn't short of breath and had no pain, could just feel the beat skipping.
Canon city, where this case is from, is a small town so this is likely the only game in town for hospitals and not very big.
 
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