It Can Happen Here Too

Long waits for care. Needless delays. Overcrowded conditions.

Countless stories about patient abuse at the hands of the health care system abound. Stories of delays for needed services usually appear in the press about countries with government run health care.

But it can happen here too.

Candida Diego of Elmhurst, NY waited in a Queens NY ER for 2 hours for a brain scan.

She was admitted to the ER after a fall.

She was cleared for an emergency brain scan to check for bleeding at 1:30 p.m., but wasn't given one until 3:30 p.m. - less than an hour before she lapsed into a coma in the emergency room, court documents say.

It took emergency brain surgery to save her life, her lawyer said.

The surgery saved her life but left her paralyzed.

They are a level one trauma center, the highest," said lawyer Philip Russotti. "They did not respond like a level one trauma center should. They held themselves out to handle any type of emergency. They certainly did not do it in this case."

Level 1 trauma centers are the best of the best.

Her husband sued on her behalf. The jury awarded them $10.7 million for her injuries.

So it can happen here too . . . but with a difference.

Had this happened in another country, say Canada, the outcome might have been different. She may very well have had a delay in treatment which could have resulted in a similar outcome or worse.

But Canada has a different tort system from the United States. Here anyone can sue for almost any reason with little or no proof of damages. If they win, they can win big (from a monetary standpoint).

But if they lose, no big deal. They walk away and owe nothing.

Not so in Canada.

Canada's legal system is "loser pays". Had the Diego's sued in Canada and lost, they would be responsible for covering their own legal fees plus the fees of the defendant.

One wonders how many lawsuits are never filed under such a system. Especially so since you would be suing the government, not a private entity.

So it can happen here too . . . but with an entirely different outcome.