Patient Rights & What is Malpractice

Whereas the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth. — United Nations Universal Declaration of Human Rights, 1948. Non-Maleficence or Latin …Primum non nocere .Meaning, “first do no Harm”: that it is more important not to harm your patient, than to do them good. This is because enthusiastic doctors are prone to using treatments that THEY believe will do well according to their ethics, without first having evaluated them adequately to ensure they do no harm.

Much harm has been done as a result of this. It is not only more important to do no harm than to do no good: it is also important to know how likely it is that your treatment will harm the patient.

So a doctor should go further than not prescribing medications or procedures they know to be harmful- he or (she in this case) should not prescribe treatment or there lack of unless she knows that the treatment is likely to be harmful OR at the very least, that the parents understand the risks and benefits, and that the likely benefits outweigh the likely risks.

A common example of this is the use of Morphine in a dying patient (or in our case, a non-dying patient). Such use of morphine can have the beneficial effect of easing the pain and suffering of the patient (in our case, no pain was present) while simultaneously having the maleficent effect of hastening the demise of the patient through suppression of the respiratory system (in our case the creation of increasing massive long term seizures & overdose). Western medicine defers to the wishes of a mentally competent patient to make his own decisions, even in cases where the medical team believes that he is not acting in his own best interests. In our case the patient had NO competence or capacity and his parents were kept in the dark as to his true condition and future possible condition. We believe and we can prove, Evan’s treatment was a decision (obviously made by his health care providers) was that of economic issues over possible long term care and if you have read through this site, you know what has happened.

Euthanasia is not legal practice although it was practiced under the disguise of “HOSPICE” and we have proved that to be careless practice for 6 years now (his age). However, if I choose to euthanize Evan tomorrow, I would be prosecuted to the fullest extent of the law, which is, without a medical license, murder.

Informed consent in ethics refers to the idea that a person (or Parents) must be fully-informed about and understand the potential benefits and risks of their choice of treatment. An uninformed parent is at risk of mistakenly making a choice not reflective of his values or wishes. The values of informed consent are the values of autonomy and truth telling. A correlate to “informed consent” is the concept of informed refusal.

Very plain and simple, in this case the parents were intentionally uninformed, confused and deceived by the Medical staff in order for hospice to execute their plan.

WHAT IS MALPRACTICE ?

More people die each year in the United States from medical errors than from highway accidents, breast cancer or AIDS.

Medical malpractice is currently the third leading cause of death in the United States. Approximately 200,000 people in the United States die each year due to mistakes by medical professionals and prescription errors, according to a recent report from the Journal of the American Medical Association JAMA

It was reported that 12,000 deaths a year result from unnecessary surgery – 7000 from medication errors in hospitals – 20,000 deaths are caused by other hospital errors – 80,000 deaths a year from hospital born infections and 106,000 deaths a year from non-error, adverse effects of medications.

More than 13,000 doctors in the United States have been disciplined for serious incompetence or misconduct, including drug abuse, negligence, substandard patient care, Medicaid fraud and patient sexual abuse.

According to a study by Washington Health Group, most of those physicians continue to treat patients and retain their licenses.

State confidentiality laws make it nearly impossible to find out the background information on a

doctor, even if that doctor has been disciplined for incompetence or negligence. Recent studies confirm that a small percentage of doctors are responsible for the vast majority of injuries caused by substandard care.

This reaffirms our general perception that most doctors are good doctors, and worthy of our trust.

Medical negligence is extremely difficult to prove, and requires qualified experts who are willing to testify that the care given failed to meet the appropriate standards, and that this failure caused injuries.

However, doctors and nurses are just like the rest of us – they sometimes make mistakes. And when caregivers make mistakes, they must be accountable for the harm they cause – just like the rest of us. In this case, this does not apply. Just the fact that this group of doctors CAN deceive the parents, means they do have the ability to diagnose and treat properly, they chose not to. This is much worse than any mistake.

We trust doctors; we need to trust them. When they violate that trust, doctors need to be held responsible.

Some common examples of situations that may involve medical negligence include:

*Failure to Diagnose, or Properly Diagnose an Illness; The Diagnosis was done in Amsterdam, However a proper Diagnosis includes a proper treatment from the source, the source being specialists and/or Amsterdam. If you read the DNA tab, in the last Amsterdam results, these were never disclosed to the family. Not only was this result the FINAL diagnosis, but it was also a diagnosis for the parents AND the sibling. This is a federal crime.

*Failure to Treat an Illness; or not to – “TO CAUSE NO HARM”; This was an infant and much too early to do anything according to Kaiser’s own Dr Mardach (metabolics) They had no idea if Evan was Severe or mild, yet they approached him as Terminal – This caused Harm.

*Incorrect Treatment of a Diagnosed Illness; The drugs were the obvious incorrect treatment and that is how Kaiser attempted to destroy causation, then euthanize Evan.

*Improper Administration of Drugs; The drugs caused seizures and overdose and were of no medical benefit what so ever and the drug interactions were unavoidable.

*Failure to Consult with a Specialist; Dr’s. Broome, Gurbani, Mehren and Brumley ignored their own doctor Mardach’s input and no outside help was consulted, There are doctors that know how to approach this condition and they are numerous. If they had consulted outside help, they could not attempt this euthanization.

*Failure to Monitor a Patient; With an incredibly strong opiate like Morphine, the INFANT Evan, was having many difficulties including breathing problems. According to the Drug company Roxane, monitoring equipment should have been present while this drug was in use and properly trained professionals should be present. Very often the medication was administered and the hospice team would leave.

*Failure to Stabilize a Patient; This could not be achieved with the drug interactions and the incorrect drugs interacting with the disorder, the parents did this unfortunately too late and stabilization was achieved by simply removing said drugs. How did the parents achieve this ? by seeing an outside medical professional.

*Administration of Medications or Treatments or that they are done without Patient Consent; or in our case, not knowing that the patient WAS NOT TERMINAL, and being uninformed, we could not make an educated decision. they put us in a “Trusting situation” with their doctors and this was their advantage and Evan’s complete disadvantage..

However, in order to prove a case of negligence, the victim must prove that the negligence, such as the mistakes listed above, caused their injury.

Causation is sometimes the most difficult part of the case. Proof of causation must come from qualified experts who rely on sound science and medicine.

Determining if you have a potential case for medical malpractice or medical negligence is difficult, at best.

While proving a physical, emotional, or cognitive injury can be difficult,

Convincing skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings must be present.

Kaiser went out of their way to destroy Causation (they have done this many times before)- Kaiser went out of their way to keep the parents from knowing the true outcome of the disease, this was done to achieve a destroyed causation.

A reasonable Doctor in our same situation would have foreseen the flow of events lead to our consequence

We know from Amsterdam’s studies that Evan was either Mild or Moderate (in the PLAYERS tab), we still have to prove this even with Kaiser’s deadly, immoral and intentional treatment, otherwise they walk away and no one hears a thing about this case, unless of course an angry parent decides to take the law in their own hands – and this author would support their actions fully. This is also why, Kaiser wanted both Primary doctors Broome & Brumley off the Kaiser properties. Kaiser forgot to add Mehren & Gurbani, just as guilty.