The ethics of my accident

This will be another thread where reasonable questions are ignored, apparently.

And where exactly was this said? You can direct me to the post that said this can’t you? Thanks in advance.

[junior-modding]

Let’s try to keep this on topic. To that end, here’s a handy reference:

- If you wish to make Pit-worthy comments about Jamie

- If you wish to discuss his ADA complaint against the gym

  • If you wish to discuss the ethics of his accident or whether or not he received the proper standard of care and was thus justified in suing for malpractice, then congrats, you’re already in the right thread!

He’s already won the malpractice suit awhile back. That is the case he’s referring to, not his medical case. I think he assumes everyone in this thread knows all those details. It would be helpful he’d link to the post where actually explained. I don’t feel like doing the search for him.

It was a negotiated settlement. You’re just going to have to take my word for it that I’m 100% sure that that’s what he said previously, because there’s no way I’m going to go wading through all the threads for a link.

Naw, he walked on the water.

I couldn’t contact any Board of Directors. I didn’t have time. I was kicked out before I could. Like I’ve said before, the parking lot incident simply served as a convenient pretext for the manager to “get rid” of a problem she didn’t really want to deal with. The actions I took in the parking lot have been committed by other members of HHFC in the past, with no punitive action taken against them whatsoever.

In the limited amount of time between the pullup banning and the parking lot incident (about a month) I did make attempts to amend the situation by bringing in catalogs that featured many equipment pieces that would serve the needs of the disabled. All I got in return was lip service. Nothing was ever done. I wrote to the DOJ as a desperate, last-ditch, I don’t know where else to turn option.

There was for example this post and this one from Scissorjack, and this one from JohnT.

Gotcha. I did want to make the distinction that the outcome of the “case” he was referring to wasn’t the paralysis of his medical case but the settlement of his legal case.

I meant you could contact the Board of Directors about the equipment. You had a month to do that before you got kicked out, but assuming you hadn’t thought of that (I probably wouldn’t have in your shoes) you could still email them.

You’ve done everything you can and it’s time to move on. Living in the past, vote with your money , etc.
If you asked them to purchase new equipment and they chose not to, that’s all you can do, you can’t force them to do it. No matter how bad you want them to, you can’t.
If other people have blocked cars in and weren’t kicked out of the club…well then I’m going to assume there were other reasons. Maybe it WAS because of the pull up incident. Maybe they DID use this as an excuse to get rid of you, maybe they really didn’t want you as a member anymore.

You need to step outside yourself for a second, you can say whatever you want to us, but really think about it…from the POV of other members, how often do you think other people looked at you and said “Now WTF is he going on about?” What about the staff, how often do you think they looked over and said “WTH is he doing now? Is he yelling at someone in the parking lot/pulling his wheelchair up on a pullup bar/doing something else he shouldn’t be doing?”

Also, one last thing, the club, assuming they are privately owned (as opposed to owned by the city/county/state) is allowed to ask you to leave for any reason as long as it doesn’t have to do with being handicapped (in this case). They can disallow you from working out there because they don’t like your haircut or because you pick your nose or because you talk funny or because you played jr mod in the parking lot or they don’t like the clothes you wear or because you were a problem they wanted to get rid of.

Peremensoe I think that there is some thought that Jamie might be responsible for his injury. He seems to accept part of that responsibility in the OP.

If you want to play the game, jamiemcgarry made a claim, there is no lawsuit yet. Jamie, I am also curious as to whether the malpractice case was a settlement or a jury trial. Did you sue both the doctor and the hospital? Did you get so far as to trading expert reports? What reason did the doctor give for not putting you on bypass?

Jamie, what was your blood alcohol content?

Another question, I know you don’t really think alcohol was a factor in the accident, but what did you blow or was it BAC? If you answered this before I missed it.

Also, why didn’t you take your original accident into account when you decided to drive while intoxicated years after the accident?

I think I saw in the BBQ Pit that it was .06.

No, not necessarily. The doctor doesn’t get the option to say, ‘Hey, I don’t need no stinkin’ coronary bypass machine! I got some mad skillz! I’ll get this done in plenty of time to take that clamp off! ‘Cuz that’s how good I am! And if I don’t, hell, what’s the worst that can happen - he gets crippled? So what? At least he can thank me for the fact that he’s still alive and that’s all that really matters, amiright?’

No, doctors don’t get to say that because, as important as it is to save his life - it’s not all that matters. He doesn’t get to just blow off reasonable safeguards that are available to him just because he ‘thinks’ he can do without it. You don’t gamble with your patient’s life and limb unless you have no other options. In this case, it appears that there were other options, which the doctor declined to use. This was poor judgment on the doctor’s part.

The fact that it was the patient’s poor judgment that put him on the operating table in the first place does not automatically absolve those charged with his subsequent care of responsibility for their own mistakes.

The initial injury is one thing; the operating room is another. The part I object to is people saying that he had no right to sue over incompetent medical care. treis and Steophan in this thread have said that it was “morally reprehensible” and “morally abhorrent” for him to do so.

That’s bullshit. Every patient deserves fully competent, attentive and dedicated care; the relevant ethics are those of the doctors in providing this.

Well said.

The answer is no. You obviously got an unsatisfactory result, but that doesn’t prove they did something they weren’t supposed to or failed to do something they were supposed to. You could have died, but still wouldn’t prove malpractice.

Before I could make any judgement about the morality I would have to know more about the use of the cardiac bypass in your exact situation. I know that a ruptured aorta is an exptremely urgent event, my brother died of one after a car accident. He died during surgury to repair it. A fraction of a second can make the difference between life or death.

I would think that in the case of an already ruptured aorta there may not be time to get the cardiac bypass set up. You survived an injury that people rarely survive.

This was my thought too. Also, it is important to note that an insurance company settling with Jamie does not mean that the doctor admits malpractice in any way, nor does it indicate that there was any wrong doing. The only thing it means is that the insurance company calculated risk and decided it would cost less to settle.

Oh, and wear your seatbelt! Likely Jamie would have been just fine if he’d buckled up before driving recklessly and under the influence.