Family of Liberian man who died of Ebola in Dallas settles with hospital

[gvstn]

The family of Thomas Eric Duncan, the Liberian man who died of Ebola in Dallas last month, has reached a “resolution” with the owners of the Dallas hospital where he was first sent home before being diagnosed with the often-fatal virus several days later.

The settlement, reached with Texas Health Resources (THR), Texas Health Presbyterian Hospital Dallas and the emergency physicians group involved in Duncan’s care, will be divided among his four children, aged 12 to 22, as well as his mother and father, the family’s lawyer announced on Wednesday. Two children live in the US, one in Liberia and the youngest in Ghana. His mother lives in North Carolina, and his father in Liberia.

"The family lawyer said the deal was “as good or better” than what they could have won had the case gone to court, given the state’s strict medical malpractice laws."

Full Story at Link: http://www.theguardian.com/world/2014/nov/12/thomas-eric-duncan-family-settlement-dallas-hospital

[hlthe2b]

1. I note that the fiancee who cared for him & lost everything when her apartment was 'decontaminated'

got NOTHING--ya know Texas law and all

I surely hope the family helps her.

[onenote]

2. are there states in which the fiancee would have had broader rights than in Texas?

[LeftInTX]

3. She wasn't married to him

According to the family's attorney:

The law in the state of Texas and everywhere would require that there be an actual spouse to recover or that it be a child or a parent of a deceased

.

I don't know what "everywhere" means. I do know that they were wise to file a suit ASAP. Even worse: Texas has a freaking 30 day rule.

[gvstn]

4. Thanks for the info on the 30 day rule.

That is ridiculous on its face. One can't even get the facts in 30 days let alone comprehend their loss and whether there is negligence and get an attorney etc. That seems a giveaway to the insurance companies beyond reason.

[LeftInTX]

6. It sucks

I'm glad that a decent attorney stepped in to help Eric Duncan's family.

On their own, I'm sure they would have waited until they had settled into a new living quarters and gone through the grieving process etc. Then it would have been too late.

[LeftInTX]

7. I found out it's 2 years - not 30 days

Apparently expert witnesses need to be deposed within 30 days of filing. Some poor woman lost a case a few years ago and I interpreted that it needed to be filed within 30 days.

[LanternWaste]

5. capping civil settlements due to Greg Abbott, who in 1984 sued a homeowner for $10 million

"given the state’s strict medical malpractice laws..."

Bear in mind, capping civil settlements was due to Texas Attorney General Gov Greg Abbott. The same Greg Abbott who, in 1984 sued a homeowner for, and received, ten million dollars and a monthly stipend for life in civil settlement. Abbott said the reforms he had backed and helped cement in court rulings had been necessary to curb a rash of frivolous lawsuits.