The ethics of my accident

I was paralyzed at the age of 20 as a result of complications from emergency surgery necessitated by a ruptured aorta brought about by a car accident; a car accident in which I unlawfully had alcohol in my system (as I was under the legal drinking age). This terrible event happened on a night a bunch friends and I were together at a house party.

Me and the friend who was a passenger in the car were co-workers at the local newspaper at the time, and we both had to be up to work at 5am the next morning. Due to this fact, he and I left this get-together very early in the evening, so that we wouldn’t get trashed and hung-over for work the next day.

At this point in my life, I didn’t have very many cares in the world. I was making good money, I had no kids, no wife, no real responsibilities other than taking care of myself. So I had a pretty nice car, which I was driving that night of my accident. It was still brand new at the time of the accident (maybe two months old). When Tim (my friend’s name who was with me) and I left the party that night, neither of us were drunk. I had had maybe three beers over the more than three hours I was there.

My point in saying this is, I was in love with driving the car. On my way to taking Tim back to his car (which was parked just outside my house), in the quiet little residential neighborhood we were in, I drove my car a little too fast taking a corner. I lost control, ran up on the curb and the driver’s side of my car made impact with a tree on the side of the street. Because I wasn’t wearing my seatbelt (huge factor), my chest hit the steering wheel with enough force to rupture my aorta.

I wasn’t drunk; this I know. However, I cannot ever say with any certainty if those beers that I did drink influenced my decision-making and/or my hand-eye coordination enough to cause the accident. Or, whether it was simply youthful, new-car zeal-mixed with a little bit of teen-age era indestructability. What I do know, however, is that my accident, and the subsequent paralysis resulting, is a complicated moral story.

By no means do I shrug off any personal responsibility for putting myself in the position that I am in. I have never done so. But what I am sensing from some here is that once I became paralyzed, as a result of hospital/doctor error, because the injury that brought me to the hospital in the first place was caused by my poor-decision making, I have no right to collect on damages inflicted upon me by the mistakes of those treating my injury. That, to me, is a warped sense of morality.

So any and all of you who feel this way, let me ask you something: you, in all your life, have never been guilty of poor-decision making? Not even early in your life? And if so, if that poor-decision making ever led to a disasterous outcome, like an accident, wouldn’t you want every tool made available to you to make your life whole once again that is available to everyone else who experiences such tragedy? Or should I pay for the mistakes I made as a foolish 20year old (whose mistakes Im sure many many here have made themselves, if they are truthful) for the rest of my life? And be content?

If you were in my shoes, you would sue in a heartbeat.

*and just a side note-why are people suddenly accusing me of fraudently suing HHFC? How did my writing a desperate letter to the DOJ, as a last-ditch effort to bring justice to this situation, morph into litigation?? I don’t want any lawsuits brought on anyone. What I want is for HHFC to give me my membership back. That is the right thing to do.

Oh Christ.

What is this about? I am clarifying myself. Can’t I say anything? Jesus. People seem so eager to jump on the morality of my lawsuit; yet the moment I try to discuss it, I get shit like this. What???

I’m not sure why you need a new thread for everything. Also, just remember, you started this thread, you DO NOT get to complain when everyone piles on you in it.

This is the SDMB, we’re VERY technical here, so the first question is going to be, what was your BAC at the time of the crash, if it was over .02 and you were under 21, the state of MI considers you drunk, I assume you got an OWI.
Why are people accusing you of fraudulently suing the HHFC? Because you have NO grounds for suing them. It’s not fraudulent, it’s frivolous. I mean, you can legally sue them because it rained on Tuesday if you want to, but it’s frivolous. Anyways, you’re suing them because they don’t have a piece of equipment that you feel they are required by law to have, right? The law you quoted doesn’t go into effect for another 7 months, so there’s that. The law you quoted doesn’t require them to have said equipment, so there’s that. On top of that, they’re are going to have to have their legal team defend them against you which is going to cost someone money, probably at least a thousand dollars, because you didn’t read the Safe Harbor rules beyond finding the words "Exercise machines and equipment " in it. When if you had just scrolled up a bit you’d see that they only have to clear a path to the machine, not provide a machine that works with a wheelchair.

OHEMGEE Jamie, let it go. I seriously think that you enjoy being a martyr. Just stop. Do you really think that adding more details (SPEEDING NOW TOO!!) is really going to help your cause?

In my mind, the cause of the accident is irrelevant to a subsequent lawsuit relating to mistakes in medical treatment. I would not judge merits of the lawsuit based on how your injuries happened.

I’m not sure what this lawsuit entails (I assume you are referring to a previous thread of yours) so I can’t comment on whether or not it’s justified.

I’m putting this in both threads for everyone to see…

One more time, here’s the quote “Therefore, on or after March 15, 2012, public accommodations must remove architectural barriers to elements”

Now, you quote the relevant part of the law WHICH YOU HAVE NOT DONE YET, that says the are required to purchase a lat-pulldown machine that accommodates a wheelchair…I’ll wait.

ETA, FTR, I would still blame the doctor. I don’t think it should matter to the doctor why an accident victim is in the hospital. If it did, that would set some bizarre precedents for the quality of care people received.

OH! I thought this was in the pit for some reason, I apologize if my martyr comment was out of line for this forum.

I actually don’t know the details of your lawsuit related to the surgery, so I don’t know what the doctor was alleged to have done wrong in your case. Taking your question as it was asked, however, yes, if I’d done something foolish that landed me in the hospital, I would still hope for the best health care available to me. If someone in that hospital did not follow procedure and thereby caused me harm that would not have come to me otherwise, I’d probably be very upset about that, and, depending on the circumstances, I might well sue.


Since you’ve brought up the HHFC issue again, I would really appreciate it if you’d address Joey P’s questions. As I said in the Pit thread, it seems like you refuse to answer legitimate and respectfully phrased questions put to you (and, ETA to clarify: no, I’m not saying that EVERY question that has been put to you in the various threads has been legitimate or respectful, but many have been). Why is HHFC returning your membership to you the right thing to do? Why is it not right for them to choose to no longer welcome you as a customer?

Yes, the equipment they have now does have architechtural barriers that make accessing (using) it impossible for the disabled. While the law may not go in effect until 2012, HHFC is considered a community leader in disability accomodations and just general medical needs. They should be leading the pack in providing this sort of thing, not waiting until the law demands it.

No one is suing anyone.

You’re going to have to be a lot more specific about the error that lead to your paralysis. Surgery is an inherently risky act and doctors are human, and therefore not perfect. If he deviated from accepted standards of care, then yes, you have some complaint. If not, tough shit.

A)If it does have architectural barriers, what are they and why are you claiming that the problem is that the machine won’t work for you? If the REAL problem is that the are architectural barriers between you and the machine, then the problem isn’t with the machine, yet you’ve been whining about the machine in what, 3 threads now. I’ve called you out on this a few times. If this is the case, why didn’t you state it upfront. If this is the case, you’re changing the story and you purposely messing with us. If this is the case, they have not violated any laws.
B)So all they have to do is remove the barriers and you’ll be okay even though you still won’t be able to use the machine? Great, then they haven’t violated any laws.
C)It doesn’t matter what you feel they should do, all that matters is that they have it done by the time the law requires which may or may not be March of 2012 depending on some other requirements and they won’t have violated any laws.

Again, please cite the law they are currently violating that you plan to sue them for…I’ll wait.
Edit, I’m sorry about the ‘suing’ thing, I just kinda followed along with groupthink on that one. Please replace ‘sue’ with writing a letter to the DOJ and reword it in your brain to make sense. In other words, what would you like the DOJ to do to a place that isn’t breaking any laws? They give places several years to come into compliance for a reason and the DOJ isn’t going to force someone to do it sooner because you wrote a letter.

Just wondering when the name of this board will be changed to* The Jamie McGarry Show*.

One more time, not buried in a wall of text.
What law(s) are you suggesting the HHFC is currently violating?

Missed the edit window. Wikpedia says:

I’m upgrading my answer to “tough shit”, and adding that its morally reprehensible that you sued the people that saved your life.

I’m willing to stay the judgement to give Jamie the opportunity to provide testimony of a drunk doctor or deviation from accepted standards of care.

I don’t think it is relevant how you got to the hospital, but you haven’t explained where the medical error occurred. How you got there is between you and the auto insurance company. Even if you shot yourself in the foot, it doesn’t mean the hospital can cut the wrong foot.

Perhaps none. Like I said, they have considered themselves community leaders in this area for decades. Technically, they may not be violating laws but they are violating the care they supposedly have for those with different needs. Under their current operating standards, at HHFC, which is a place which supposedly caters to the physical and medical needs of the disabled, a disabled individual is not able to obtain a proper or adequate physical fitness regimen. And this is due to nothing more than the management’s unwillingness to furnish the establishment with a modest amount of handicap-accessible equipment.

OK. Why is this an issue for the Department of Justice, then?

(There are other pertinent questions to you above regarding the circumstances around your surgery, but I will assume for now that you haven’t gotten to those yet.)

The doctor didn’t do this