Damn, chill out.

Get em a body bag! Yeah!!!!!!

Seems like the standard for "ordinary negligence" gets lower all the time.

Larry Donnell Green, you have a call from Abe Vigoda.

/Approves

Yikes...I went into he article assuming the guy had a pulse so weak they couldn't feel it, yadda yadda...but damn, it sounds like they were just too lazy to check the basics.

"Rescue workers ... also did not check Green for vital signs."

This guy's head must have been peeled open like a sardine can. "Nope, not even gonna check for vitals."

Good farking god.

If the Highway Patrol hadn't needed to determine which way the vehicle made contact, this guy would be actually dead.

On the insanely remote chance I end up in a situation where I'm near a recently (presumed) deceased person and something moves, now I know to do my part and check for vital signs.

Medical malipractice isn't something you can Sue for any more?

homeschooled: At least he didn't wake up IN the fridge coffin thing. Sounds like he was still passed out but showing signs of breathing when they opened it.

Nightmare fuel.

Find out where they got the term "Graveyard Shift" from for even more nightmare fuel.

Had a guy break into a shop less than a mile from where I live. Got popped by the cops that responded in the head. He was brandishing a weapon. The EMTs that arrived declared him dead without checking for vitals due to the nature of his injury. Falsely believing that he could not have survived such a wound.

So he laid there alive and on the floor of the store with his head wound for nearly an hour until a cop pointed out that the guy was breathing. Naturally it set off a shiat storm and forced the associated EMTs to undergo re-certification to prove they knew how to do their jobs.

People tend to forget that it does not always mean death when you suffer a traumatic head injury.

Bluevirage: Had a guy break into a shop less than a mile from where I live. Got popped by the cops that responded in the head. He was brandishing a weapon. The EMTs that arrived declared him dead without checking for vitals due to the nature of his injury. Falsely believing that he could not have survived such a wound.

So he laid there alive and on the floor of the store with his head wound for nearly an hour until a cop pointed out that the guy was breathing. Naturally it set off a shiat storm and forced the associated EMTs to undergo re-certification to prove they knew how to do their jobs.

People tend to forget that it does not always mean death when you suffer a traumatic head injury.

Damn. Any word yet if he retained any higher-thinking ability?

late 70's friends sister declared dead at scene of vicious late night winter auto wreck. their on-duty LEO uncle responded from one town over much concerned. he found Mary Anne was indeed alive under the blanket. they hurried her on to hospital land, she's still going good today.

BEST night's sleep evar!!!

Bluevirage: ... Got popped by the cops that responded in the head....


The cops showed up in the toilet?

portscanner: Bluevirage: ... Got popped by the cops that responded in the head....


The cops showed up in the toilet?

boat toilet?

Franklin County Medical Examiner J.B. Perdue sent Green to the morgue, even though eight eyewitnesses at the scene said they saw movement in Green's chest and abdomen.

"That's only air escaping the body," Perdue allegedly said.

Green's eyelid began to twitch at the morgue, but Perdue said it was just a muscle spasm.

"Hey doc, I'm not dead." Perdue allegedly stated that the patient was ghosting.

Sarah Palin's Conscience: Bluevirage: Had a guy break into a shop less than a mile from where I live. Got popped by the cops that responded in the head. He was brandishing a weapon. The EMTs that arrived declared him dead without checking for vitals due to the nature of his injury. Falsely believing that he could not have survived such a wound.

So he laid there alive and on the floor of the store with his head wound for nearly an hour until a cop pointed out that the guy was breathing. Naturally it set off a shiat storm and forced the associated EMTs to undergo re-certification to prove they knew how to do their jobs.

People tend to forget that it does not always mean death when you suffer a traumatic head injury.

Damn. Any word yet if he retained any higher-thinking ability?

Doesn't sound like he had any higher-thinking ability to begin with....so no harm, no foul.

Thus, we too conclude that plaintiff's forecast of evidence fails to demonstrate that defendants' acts or omissions rose to a level beyond ordinary negligence

that is really unsettling....

You'd think he'd be cool about it.

Jingo Ate Your Baby: Franklin County Medical Examiner J.B. Perdue sent Green to the morgue, even though eight eyewitnesses at the scene said they saw movement in Green's chest and abdomen.

"That's only air escaping the body," Perdue allegedly said.

Green's eyelid began to twitch at the morgue, but Perdue said it was just a muscle spasm.

"Hey doc, I'm not dead." Perdue allegedly stated that the patient was ghosting.

I hope someone gets Perdue drunk someday and tattoos "DNR" on his forehead.

ZAZ: My understanding is North Carolina has some of the broadest sovereign immunity rules in America.

You understand correctly. Our State Legislators view we the people as simply another renewable resource to be used up and then kicked to the curb. In addition to throwing away millions of dollars on non-lucrative business ventures that didn't pan out, NC short changes its own people.

Several years ago our entire school calender was re-written for the sole purpose extending summer vacation, so that the kiddies and their parents could spend more time, and more money, at the beach. And this was something that the legislators in Raleigh were proud of; that they had short changed education in order to boost tourism.

Also, our Republicans are spending 35 million dollars to promote an amendment to our constitution banning gay marriage. 35 million dollars shot to hell in the same year that our education budget has been slashed to the bone. NC now ranks 49th out of the 50 states in terms of education, and we're wasting millions of dollars promoting an amendment that even the Republicans admit will most likely not pass.

I'm a little bitter about this.

/Welcome to NC.
//Please set your watches back 200 years.
///Our state is so beautiful, but our leaders are so stupidly corrupt.

North Carolina man cannot collect damages from first responders who declared him dead, body bagged him and placed him in a refrigerator drawer taxpayers.

FTFU

FTFA: "Rescue workers Pamela Hayes and Ronnie Wood arrived on shortly after and also did not check Green for vital signs."

Given all the time he spent with Keith Richards, you would think he could tell when people who looked dead were still alive.

Also...

KrispyKritter: late 70's friends sister declared dead at scene of vicious late night winter auto wreck. their on-duty LEO uncle responded from one town over much concerned. he found Mary Anne was indeed alive under the blanket. they hurried her on to hospital land, she's still going good today.

RexTalionis: Following a six-week hospital stay, Green and his parents sued for negligence and negligent infliction of emotional distress.

The North Carolina Court of Appeals agreed recently that the defendants have immunity because there was no evidence of intentional wrongdoing.

Eh?

It's called qualified immunity. It requires good faith. If you didn't offer this immunity to police and firemen, nobody would be police and firemen. So every single city and county and state provides it.

if they would have put a bullet hole air release hole in him when the witnesses said they saw his chest moving, then none of this would have happened.

/amatuers

Sarah Palin's Conscience

Damn. Any word yet if he retained any higher-thinking ability?

I read sometime later that he still went on to trial so I am guessing he retained most of his higher thinking capability after getting out of the hospital. Still was pretty stupid to break into that place anyway and not drop whatever your holding when the police announce themselves.

Oh Google is my friend, found the story about the original incident. My google-fu is weak though because I could not find anything about the trial. Was off about one detail, he laid there for only half an hour, not nearly an hour, but still way too long with an injury like that.

http://www.wbaltv.com/news/20248608/detail.html

All because a cat gave up its life for him....

/obscure?

MythDragon: [images2.fanpop.com image 640x426]
[2.bp.blogspot.com image 320x240]

All because a cat gave up its life for him....

/obscure?


Tales from the Crypt (new window)

StanTheMan: RexTalionis: Following a six-week hospital stay, Green and his parents sued for negligence and negligent infliction of emotional distress.

The North Carolina Court of Appeals agreed recently that the defendants have immunity because there was no evidence of intentional wrongdoing.

Eh?

It's called qualified immunity. It requires good faith. If you didn't offer this immunity to police and firemen, nobody would be police and firemen. So every single city and county and state provides it.

Stan, that's not his question, though you did glance off the right answer. He's wondering why the suit was dismissed for lack of intentional conduct when the complaint alleged negligence. The answer is: they summarily dismissed the negligence counts after determining that the conduct fell within the bounds of governmental tort immunity.

Generally, btw, it's not a determination of "good faith," so much as the conduct having to rise at least to the level of reckless disregard. But, yeah, simple negligence won't cut it with local governments.

Jingo Ate Your Baby: Franklin County Medical Examiner J.B. Perdue sent Green to the morgue, even though eight eyewitnesses at the scene said they saw movement in Green's chest and abdomen.

"That's only air escaping the body," Perdue allegedly said.

Green's eyelid began to twitch at the morgue, but Perdue said it was just a muscle spasm.

"Hey doc, I'm not dead." Perdue allegedly stated that the patient was ghosting.

Dammit, you made me snort!

Sometimes, dead is bettah.

I was under the impression that EMTs weren't allowed to pronounce someone dead

Summer Glau's Love Slave: Also, our Republicans are spending 35 million dollars to promote an amendment to our constitution banning gay marriage. 35 million dollars shot to hell in the same year that our education budget has been slashed to the bone. NC now ranks 49th out of the 50 states in terms of education, and we're wasting millions of dollars promoting an amendment that even the Republicans admit will most likely not pass.

I have this weird view of NC, I think, because I grew up in Chapel Hill.. which is very, very different from the rest of the state. I always go "Wait, what? NC has bad schools? But the public school I went to was-oh, wait, right."

/Go East!

Gyrfalcon: Hector Remarkable: Seems like the standard for "ordinary negligence" gets lower all the time.

Too bad he was suing for INTENTIONAL infliction of emotional distress, which requires intent on the part of the defendant to knowingly cause harm. Also:

Negligence. The defendant had a duty to the plaintiff; the defendant breached that duty; the plaintiff suffered harm thereby; and the breach was the actual and proximate cause of the plaintiff's harm. Did these people have a duty? Yes. Was there a breach? Arguably yes. Did the plaintiff suffer harm thereby? No, because he didn't die, or even, apparently, suffer any lasting physical harm by the delay in treatment. And since he was unconscious, the argument for emotional harm also falls through. Ergo, no negligence.

Now, are these guys inept medics? Absolutely, and they've got no business being on a rig; but that's not the same thing.

/bar exam in two months, getting all the practice I can.

You can't legally be emotionally harmed by the feelings that go with the perceived neglect on the part of the EMTs after you wake up? Or the recurring thoughts of almost being embalmed, buried etc. when you weren't actually dead? I am not about to take the bar exam so I am really asking. I do have an MS in counseling psych so I have a general idea of how complex emotional pain can be.

From a short time as an EMT in Maryland, An EMT can "call it" only if the injuries are inconsistent with life or other OBVIOUS situations as in cold corpse that was in the woods for a bit. EMT's are NOT doctors!
\
/my mantra was "Load and go!" There is a hospital 6 minutes away.

I know I will get flack for that statement but there was always ways to help the injured and EMT's were the first and best


A few EMT types wanted to claim a "code" as in declaring someone dead. I personally had no such desire. I did it twice and still have bad dreams. and I HATE puking when I realize that I was the person to find someone that was alive a while ago and find them dead.


All of the above is badly phrased, hopefully it is not offensive.

Gyrfalcon: Hector Remarkable: Seems like the standard for "ordinary negligence" gets lower all the time.

Too bad he was suing for INTENTIONAL infliction of emotional distress, which requires intent on the part of the defendant to knowingly cause harm. Also:

Negligence. The defendant had a duty to the plaintiff; the defendant breached that duty; the plaintiff suffered harm thereby; and the breach was the actual and proximate cause of the plaintiff's harm. Did these people have a duty? Yes. Was there a breach? Arguably yes. Did the plaintiff suffer harm thereby? No, because he didn't die, or even, apparently, suffer any lasting physical harm by the delay in treatment. And since he was unconscious, the argument for emotional harm also falls through. Ergo, no negligence.

Now, are these guys inept medics? Absolutely, and they've got no business being on a rig; but that's not the same thing.

/bar exam in two months, getting all the practice I can.

Wow, yeah, good luck.