I've been reading here and other forum regarding a possible lawsuit against the hospital. Normally I would not say anything but this discussion is out of control such that so many people are entertaining the idea, without looking at the facts or knowing the law.
First of all, medical malpractice suit is a time consuming, emotion draining process that could last for years. Plaintiff has to pay for expert fees, witness fees, undergo extensive discovery, and prepay most of these expenses since most of such cases would be on contingency bases.
Second, even if Li has the money and some attorneys are willing to help her fight in court, the case does not hold water. All I have read are from the internet and maybe somebody has insider information and if so please fill me in. From law point of view, the hospital has not done anything wrong. It may have gone purely by the book under the circumstances. You may argue this procedure or beauracracy delayed or caused Wang's death but this is only an argument, not a fact. So how do you prove the hospital breached its duty? Could Wang be saved if the Prussian blue was there a day earlier or ten days earlier? How do you prove it?
Third, given that Prussian blue was really hard to find, I'd guess thallium poisoning was not something treated routinely in the hospital or even in the country for that matter. Again, there is no proof the hospital did anything wrong in the case except the doctor did not listen to Wang when he made the suggestion but any doctor is willing to really learn to what a patient has to say? If some doctors would not then you cannot prove breach.
Fourth, most courts consider criminal act from a third party a supervening event that would break the causation chain. This is what happened in this case, argurably though since the poisoning happened earlier. Again, the point is that there is no proof Wang can be saved even when the medicine was there earlier.
Fifth, NJ medical malpractice cap is $350k, out of which 1/3 will be the attorney fees. Even this money would be paid for by insurance. The doctor would not pay a penny.
Sixth, what is the public benefit? Teaching the doctor to listen to a patient? In the next thallium poisoning case? A judge or a jury would not be that stupid.
So, what is the point to bring the lawsuit?
