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Medical staff mocks sedated patient during colonoscopy (awarded $500k)

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Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Old 06-24-15, 04:31 PM
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Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Jury awards patient $500k after anesthesiologist mocked him

RESTON, Va. (AP) A Virginia man was awarded $500,000 in court after being mocked and insulted by an anesthesiologist during a colonoscopy in 2013.

The Washington Post reports the Fairfax County jury ordered 42-year-old Tiffany Ingham and her practice to pay the man after a three-day trial last week.

Officials say the man, who wanted to remain anonymous, recorded the incident in April 2013 while being prepped for the procedure so it would capture the doctor's post-operation instructions.

But when he listened to recording while on his way home, he discovered that he had recorded the entire examination and that the doctor and the rest of the surgical team had insulted and mocked him once he fell asleep.

Ingham was recorded saying "after five minutes of talking to you in pre-op, I wanted to punch you in the face and man you up a little bit." When a medical assistant noted the man had a rash, the anesthesiologist warned her not to touch it, saying she might get "some syphilis on your arm or something," then added, "It's probably tuberculosis in the penis, so you'll be all right."

The lawsuit states the recording captured Ingham mocking the amount of anesthetic needed to sedate the man and a gastroenterologist, 48-year-old Soloman Shah, commented that another doctor they both knew "would eat him for lunch." Shah, who performed the colonoscopy, was dismissed from the case. The procedure took place at a large medical suite in Reston, Va.

The jury awarded the man $100,000 for defamation - $50,000 each for the comments about the man having syphilis and tuberculosis - and $200,000 for medical malpractice, as well as the $200,000 in punitive damages.

One of the jurors, Farid Khairzada, said that there was not much defense, because everything was on tape.

"We finally came to a conclusion," Khairzada said, "that we have to give him something, just to make sure that this doesn't happen again."

The newspaper reported that Ingham had worked out of the Aisthesis anesthesia practice in Bethesda, Md., which the jury ruled should pay $50,000 of the $200,000 in punitive damages. Officials there did not return a call seeking comment. Ingham no longer works there, an Aisthesis employee said.

Source
Getting a Colonoscopy must suck.
Old 06-24-15, 04:34 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

$500,000? Holy shit.
Old 06-24-15, 04:42 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

The jury was trying to "send a message" and 'punish' each person involved.

I wish these type of awards that punish those in the wrong would go to help someone in need or do some greater good - like medical research, or go to a children's hospital where there can be some impact.. instead of 100% going to the plaintiff.
Old 06-24-15, 04:45 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

$500,000‽

<iframe width="420" height="315" src="https://www.youtube.com/embed/ZLlLtSG7xe4" frameborder="0" allowfullscreen></iframe>
Old 06-24-15, 04:48 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by Goat3001 View Post
$500,000? Holy shit.
That doesn't surprise me. What does surprise me is that they tried to defend this case in court. I'm going to look up the lawyers involved.
Old 06-24-15, 04:50 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

I've had several surgeries. I wonder what kind of shit was talked about me
Old 06-24-15, 04:50 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Defamation? Punitive damages? Malpractice? That's all a load of bull.

Sorry, but this guy just sounds like a crybaby and didn't deserve these awards. Yes, he didn't deserve to be mocked either, but that list of damages is just pure bull.

It was just a private conversation between the medical team treating him. Nobody else would have ever heard it if he hadn't taped it. Who doesn't talk about others behind their back? I see an ugly fat ass, then I am going to mention it to my friend and we will have a laugh together. It's not like we're going around town announcing it to everyone we see. It's just a private conversation between friends. That's all that was. Who cares. Get over it. Everyone gets mocked once in awhile.
Old 06-24-15, 04:55 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

The lawyers on this case are all very good. Win some lose some I guess.
Old 06-24-15, 04:59 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

There were apparently other people in the room, which meant that doctor privilege was out the window.
Old 06-24-15, 05:02 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by kgrogers1979 View Post
Defamation? Punitive damages? Malpractice? That's all a load of bull.

Sorry, but this guy just sounds like a crybaby and didn't deserve these awards. Yes, he didn't deserve to be mocked either, but that list of damages is just pure bull.

It was just a private conversation between the medical team treating him. Nobody else would have ever heard it if he hadn't taped it. Who doesn't talk about others behind their back? I see an ugly fat ass, then I am going to mention it to my friend and we will have a laugh together. It's not like we're going around town announcing it to everyone we see. It's just a private conversation between friends. That's all that was. Who cares. Get over it. Everyone gets mocked once in awhile.
Here's hoping they don't talk about your fat ass when you go under. Set your recording device, because if they do, then you'll most certainly want to sue.

Old 06-24-15, 05:03 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by kgrogers1979 View Post
Defamation? Punitive damages? Malpractice? That's all a load of bull.

Sorry, but this guy just sounds like a crybaby and didn't deserve these awards. Yes, he didn't deserve to be mocked either, but that list of damages is just pure bull.

It was just a private conversation between the medical team treating him. Nobody else would have ever heard it if he hadn't taped it. Who doesn't talk about others behind their back? I see an ugly fat ass, then I am going to mention it to my friend and we will have a laugh together. It's not like we're going around town announcing it to everyone we see. It's just a private conversation between friends. That's all that was. Who cares. Get over it. Everyone gets mocked once in awhile.
I think pretty much everything you said above is complete bullshit in this case (although the award is too high) but the medmal portion is enormous bullshit. These doctors falsified medical records; lied to the patient; and attempted to refuse to provide him with post-care information. That's straight up malpractice.

But I will say that in VA, purely emotional damages are not recoverable (see Ruth v. Fletcher) and this guy never alleged that he had suffered a physical injury (although the judge probably let the claim go as the colonoscopy was "battery" in a strict technical sense). I pretty much expect this to be overturned by the Virginia Supreme Court.
Old 06-24-15, 05:08 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Hmmm, sounds like he may have committed a felony. Virginia is a one party consent state, meaning you can record a conversation without notifying the other(s) since you are the one party. In this case he was unconscious though. Would that mean he was not a party to the conversation?
Old 06-24-15, 05:17 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

He might have filmed some type of butt porn too. $500,000 fine.
Old 06-24-15, 05:24 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by Why So Blu? View Post
Here's hoping they don't talk about your fat ass when you go under. Set your recording device, because if they do, then you'll most certainly want to sue.

I'm sure they do talk about me. Who doesn't walk down the street and see something they point out to a friend and have a laugh together? Everyone does that. It's not like they took pictures and posted them on Facebook for the whole world to see. It was just a private joke between friends.
Old 06-24-15, 05:31 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by kgrogers1979 View Post
I'm sure they do talk about me. Who doesn't walk down the street and see something they point out to a friend and have a laugh together? Everyone does that. It's not like they took pictures and posted them on Facebook for the whole world to see. It was just a private joke between friends.
Wrong.
Old 06-24-15, 05:34 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by DVD Josh View Post
Wrong.
So not only do you talk about it, you post it on facebook as well?
Old 06-24-15, 07:07 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

I would gladly let doctors talk mad shit about me during a surgical procedure if I got 500k for it.
Old 06-24-15, 07:20 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by Deftones View Post
I would gladly let doctors talk mad shit about me during a surgical procedure if I got 500k for it.
Would you gladly let them put mad shit on your medical report for $500K?

DVD Josh has this nailed. This was malpractice. Maybe the damage award was too much, and very well might be reduced, but these fools deserved to lose this suit.

Beyond that, it's damn sad, particularly given the insane costs of medical procedures. You're getting yourself knocked out and leaving yourself completely exposed for a very sensitive procedure. It's a trusting situation. Colonoscopies are a great preventative measure against cancer (and will help everyone when it comes to limiting overall health care costs). The last thing we need are medical professionals belittling the people who undergo them, even if the person is unconscious.

My father was a surgeon. I cannot for the life of me think he ever talked about a patient like this during a procedure. And he worked in a Baltimore ER treating all sorts of people. People who were surely far worse than this guy.

Last edited by Red Dog; 06-24-15 at 07:31 PM.
Old 06-24-15, 07:39 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

I had a hysterectomy in 2008. Because of my size, I had to have the surgery done abdominally, and because it was going to be a transverse incision, they had to push the abdominal skin (the pannus) back and hold it while the doctor made the incision and took out the goodies. (I'm assuming they had some kind of machine to do this, they didn't have an Official Belly Holder among the OR staff. haha)

I don't remember anything after the anesthesiologist started rockin' and rollin', but now I'm wondering what the hell they were saying while I was out cold.

Maybe one of them made those "truck backing up" sounds ...

Last edited by Vibiana; 06-24-15 at 07:46 PM.
Old 06-24-15, 07:47 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

I get mocked and insulted by people on a daily basis. Where's my 500k?
Old 06-24-15, 07:53 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Gotta be a real asshole to make jokes during a colonoscopy.
Old 06-24-15, 08:05 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by kgrogers1979 View Post
It was just a private conversation between the medical team treating him. Nobody else would have ever heard it if he hadn't taped it. Who doesn't talk about others behind their back? I see an ugly fat ass, then I am going to mention it to my friend and we will have a laugh together. It's not like we're going around town announcing it to everyone we see. It's just a private conversation between friends. That's all that was. Who cares. Get over it. Everyone gets mocked once in awhile.
You sound like a horrible, horrible, horrible human being.

When I see another person who's fat or ugly or disabled it never enters my mind to point and laugh. I don't even laugh internally.

A person who laughs every time they seem someone different or disadvantaged is a sick fucking person.
Old 06-24-15, 08:38 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by Dr. Mantle View Post
You sound like a horrible, horrible, horrible human being.

When I see another person who's fat or ugly or disabled it never enters my mind to point and laugh. I don't even laugh internally.

A person who laughs every time they seem someone different or disadvantaged is a sick fucking person.
I never said I laughed at disabled people. I only laugh at ugly fat people. Disabled people can't help their situation, but fat people can.

And everyone laughs at fat people. Don't kid yourself. You see pics like those below, and if you don't laugh, then you're just fooling yourself.




Last edited by kgrogers1979; 06-24-15 at 08:46 PM.
Old 06-24-15, 09:09 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

Originally Posted by Red Dog View Post
Would you gladly let them put mad shit on your medical report for $500K?
I said talk shit, not write shit. Although if i could be guaranteed that money if they did write stuff and it also gets taken off, I would take that deal.
Old 06-24-15, 09:49 PM
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Re: Medical staff mocks sedated patient during colonoscopy (awarded $500k)

I worked as an ER aide/orderly when I was 18. The shit she said? That was NOTHING. Surgical and emergency staff have to talk some crazy shit to keep themselves mentally in the game. Like singing Beach Boys songs as they're trying to save a dying woman who's in full cardiac arrest, then having to walk into a waiting room a few minutes later to inform the family.

$500K? Holy snozzballs. That's insane.

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