Posted on 01/16/2014 10:15:30 AM PST by BenLurkin
BALDWIN PARK (CBSLA.com) A family who sued Kaiser Permanente Medical Center after the death of their 10-year-old daughter is outraged over a law that limits the payout in a malpractice suit.
Dekel Zelig said his wife took their daughter, Daniela, to Kaiser in Baldwin Park after the youngster wasnt feeling well in March 2012.
She was vomiting, she was nauseous, she had a fever, she didnt feel good, Zelig said.
The father said the doctor sent Daniela home without monitoring her blood pressure or taking an X-ray. He said the doctor checked his daughters lungs with a stethoscope on top of her jacket.
She said shes got the flu, she gave her some Tylenol, they went back home, Zelig said.
The next morning, however, Danielas little brother found her in bedlifeless.
She died the next morning in the house, Zelig said.
Zelig said an autopsy in the morgue revealed the truth.
He told us she had probably five days pneumonia prior coming to the doctor, Zelig said.
CBS2s Stacey Butler reported that the Zelig family decided to sue Kaiser, but most attorneys wouldnt take their case.
For the loss of a loved one in terms of the loss of love and comfort is $250,000. Thats been the law for the last 39 years, attorney Jin Lew said.
Zelig wasnt entitled to more money because of the Medical Injury Compensation Reform Act, which limits the payout in a malpractice suit if a non-wage earning family member is killed.
Its outrageous. Its unbelievable. Its a joke. Its adding insult to injury, Zelig said.
Zelig and his attorney plan to take the fight against the MICRA cap to legislature.
In a statement, Kaiser Permanente spokesperson Sandra Hernandez-Millett said, Our deepest sympathies go out to the Zelig family for the passing of their daughter Daniela. Especially following a tragedy like this, we review our care to ensure that we are taking all appropriate steps to provide high quality care. We reinforce our commitment to our patients health, to delivering quality care, and to continuous quality improvement.
Glad you are okay....
Yeah. He got sick walking on York Avenue, fortunately right by NYH, unfortunately with a very bad strain of Strep. pneumoniae.
Jim Henson died of pneumonia because he was a Christian Scientist and they dont do modern medicinr.
Ditto! Is more than 250,000 going to bring their daughter back? NOT!
This is precisely why we now have government health care! What the hell
Is anyone going to get when they nave to sue the government which will
not be allowed! It is a shame this girl passed however no amount of money will bring her back! She was sick long before parents brought her
to the doctor how much responsibility should they have in her passing?
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