LOS ANGELES, Dec. 4, 2008

LA Hospital Negligent In Homeless ER Death

Report Claims Woman "Could Have Been Saved"; Proposes $250K Settlement From $45M Lawsuit

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  • In this still photo taken from video provided by the New York Civil Liberties Union, Esmin Green lies face down on the floor in the psychiatric ward of the Kings County Hospital in Brooklyn, N.Y., Thursday, June 19, 2008. Green, 49, had been waiting in the emergency room for nearly 24 hours when she toppled from her chair at 5:32 a.m. and lay writhing, face down on the floor. Within an hour she was dead.

    In this still photo taken from video provided by the New York Civil Liberties Union, Esmin Green lies face down on the floor in the psychiatric ward of the Kings County Hospital in Brooklyn, N.Y., Thursday, June 19, 2008. Green, 49, had been waiting in the emergency room for nearly 24 hours when she toppled from her chair at 5:32 a.m. and lay writhing, face down on the floor. Within an hour she was dead.  (AP PHOTO)

(AP)  A homeless woman who died after writhing in pain on a hospital floor for nearly an hour could have survived if she had received proper treatment, a county report concedes.

The report, obtained by the Los Angeles Times when it was briefly and inadvertently made public in a court filing, said 43-year-old Edith Rodriguez "could have been saved, at least in the early part of her detention" at the troubled Martin Luther King-Harbor Hospital in May 2007. The report was prepared by an outside firm hired by Los Angeles County to look into its liability.

"This is a case of medical negligence as to the medical treatment provided by medical staff at the facility," the report said.

It concludes that the county should attempt to settle a $45 million lawsuit filed by the woman's adult children for $250,000, the same amount recently offered by county supervisors to Rodriguez's boyfriend in a separate lawsuit.

County prosecutors investigating the death earlier this year decided that the medical staff misdiagnosed Rodriguez and failed to treat her properly but were not criminally negligent. No charges were filed. "Prompt intervention would not have saved her life," prosecutors said in their report.

Rodriguez, who died of a perforated bowel, had been seen at the hospital at least six times in the month before her death and had spent 14 hours there a day earlier. The day she died she was brought inside by police officers who had found her yelling for help outside. She could be seen on security cameras lying on the floor as a janitor mopped around her and a nursed dismissed her problems.

Attorney David J. Weiss, who represents the county, declined comment when reached by the Times.

Rodriguez's death and several other instances of allegedly shoddy care cost the hospital $200 million in federal funding in 2007, and it was closed to all but outpatient care.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 20 Comments
by doc18d December 5, 2008 12:42 PM EST
impeach___w,
I don''t believe I said anything about letting people die.
I simply gave an insight as to possibly why these things can happen. It is unfortunate, but the staff of these er''s are already overworked, and it is not hard to say "oh it''s just so and so, They''ve been in 9 times already this month. They can wait.
It is a shame that you are so quick to judge, It must be nice knowing you are the perfect human who would never make a wrong decision under similar circumstances. I''m sure you would rather see the family who allowed their mother to be homeless get the big money.
Reply to this comment
by fush2 December 5, 2008 7:03 AM EST
this woman was homeless??? how is that possible when you have the kids and the boyfriend trying to file for lawsuits??? just a quick way to get money
Reply to this comment
by notfooled December 4, 2008 10:48 PM EST
Some of the posts here reflect the same kind of indifference for sick folks as the hospitals who''s only agenda is to make profit on the misery of others.
Reply to this comment
by impeach___w December 4, 2008 10:42 PM EST
Yeah doc18d, she should have just used an ambulance for each trip. Letting them die and settling is much cheaper. What if she was a vet? Would you think the same?
Reply to this comment
by deepperppl December 4, 2008 9:59 PM EST
the report was inadvertently made public, then, ooops. gotta make it private. what''s the use if reporters like these decide it is more important to get a story out than it is to follow a court order?
Reply to this comment
by doc18d December 4, 2008 7:13 PM EST
They offered $250,000 to a homeless womans undoubtedly homeless boyfriend, Only in Californication could this happen.
Unfortunately having spent some time in Er''s, Homeless people often use the er on a daily or weekly basis. The staff is so used to seeing the same ones over and over, they become complacent when these individuals come back in. Unfortunately crying wolf to many times does cause this. Should the hospital be required to run costly tests everytime a homeless person shows back up with the same or some new symptoms? Many use the er for a place to get out of the elements for a while. Lets not forget the mental status of so many of these homeless people. The system may not be right in how we deal with this problem, but unrestricted access to an er is not the answer.
Reply to this comment
by mollydtt December 4, 2008 5:49 PM EST
This was a sad, needless death, but once this county pays out the millions, and possibly closes yet another hospital, care will be even more hard to come by.

Hospitals have cut costs as much as they can, and now they don''t have many options other than shutting down entirely.

Good luck finding emergency medical care. And when you do, be prepared to wait even longer.
Reply to this comment
by bks59 December 4, 2008 4:40 PM EST
Her boyfriend was/is entitled to money from a settlement, a man and woman can be married where legal protections exist, as a boyfriend he has NO legal rights as next of kin and should not be eligible for any settlement money, this is the issue about marriage and spousal benfits/relationship.
Reply to this comment
by slim1h2o December 4, 2008 4:26 PM EST
Until this country establishes separate facilities only for the indigent, this will become commonplace. There is no excuse for an individual who is either insured or has the ability to pay for medical services, to have to wait for treatment while a bunch of parasites are seeking free care."

Posted by drivelphobe at 12:40 PM : Dec 04, 2008


Your compassion underwhelms me.......

Reply to this comment
by slim1h2o December 4, 2008 4:17 PM EST

Homeless or not, this woman deserved to die with some dignity. And not on the floor where most people go to get help.

There''s no excuse, not here, and not in this day and age..
Reply to this comment
by erasmus606 December 4, 2008 4:14 PM EST
This woman died because in an attempt to cut costs, the hospital has hired untrained, ignorant $10/hr workers.

Posted by drivelphobe at 12:40 PM : Dec 04, 2008


This woman died because it was a "private" hospital. When a hospital is owned privately, they can get away with anything they want. That''s why most of them are dirty and germ infested.

Reply to this comment
by clovernyc December 4, 2008 4:13 PM EST
"A bunch of lazy stupid ******* are running this pig sty."

Posted by ThinTheHerd2 at 11:59 AM : Dec 04, 2008

-----------------------

It is your mentality and cruelty that creates a stronger, wiser and more resilient black man/woman.

Keep it coming.
Reply to this comment
by omded December 4, 2008 4:07 PM EST
I agree with the Cat. It sounds like this woman''s children only see her as their meal ticket. She''s living in the streets. They don''t care. She dies and becomes the source of some free money. Now they care a lot.

Why are they asking for $45 million? I say L.A. should send the bill for all of her services before she died to her kids. Maybe they can pay it off first, before they sue. I say L.A. should write off her medical debt and call it even.
Reply to this comment
by clovernyc December 4, 2008 4:07 PM EST
"This woman died because in an attempt to cut costs, the hospital has hired untrained, ignorant $10/hr workers. These employees only care about how much they hate their employer, how they feel underpaid, and how to get out of doing any work at all.

Until this country establishes separate facilities only for the indigent, this will become commonplace. There is no excuse for an individual who is either insured or has the ability to pay for medical services, to have to wait for treatment while a bunch of parasites are seeking free care."

Posted by drivelphobe at 12:40 PM : Dec 04, 2008
----------

Harsh but true. It would be wiser and better for the hospital to take that $250K and hire some competent workers.

Reply to this comment
by godseyesore-2009 December 4, 2008 3:58 PM EST
If lawyers allow them to take 250k, they are all idiots.
Reply to this comment
by thecatsmeow5 December 4, 2008 3:49 PM EST
I hate this woman had to suffer like this but I don''t think the children should get anything. Where were they when she needed them? This woman didn''t have to be homeless. Why didn''t one of her children take her in?
Reply to this comment
by drivelphobe December 4, 2008 3:40 PM EST
It is clear, that the ER rooms have no capacity or motivation to treat any who don''t have insurance. They are forced by law to treat every scumbag that comes in, including the swarms of illegals who use these facilities as if they were a primary care doctor''s office.

This woman died because in an attempt to cut costs, the hospital has hired untrained, ignorant $10/hr workers. These employees only care about how much they hate their employer, how they feel underpaid, and how to get out of doing any work at all.

Until this country establishes separate facilities only for the indigent, this will become commonplace. There is no excuse for an individual who is either insured or has the ability to pay for medical services, to have to wait for treatment while a bunch of parasites are seeking free care.

With the economy doing so poorly, perhaps eliminating the medical care entitlement programs will become a reality. We can no longer afford to give free health care to those who cannot afford it through our primary emergency treatment centers. There should be a separate entrance or facility for them with minimal life saving services only.

As for the $45 million, there is a concept known as the "human life value". There is no way this person has anywhere near that value and the family is only trying to line their pockets. The $250,000 will be gone in a heart beat on a Hummer, Landrover, giant televisions, and and a few parities. Remember Rodney KIng?

Reply to this comment
by easeup-2009 December 4, 2008 3:30 PM EST
I love these ''adult children.'' Let momma die homeless & then try & cash in.

Fricking animals
Reply to this comment
by erasmus606 December 4, 2008 2:57 PM EST
This is pathetic. I can''t believe that they would let a person die there on the floor. You would at least think they would have bundled her up while she was still alive, stuck her in a taxi and had them drop her off on skid row, like others have done.

There are videos of taxis dropping patients off on skid row while still in their hospital gowns.
Reply to this comment
by sorceress62 December 4, 2008 2:46 PM EST
It concludes that the county should attempt to settle a $45 million lawsuit filed by the woman''s adult children for $250,000.

WHY should the family of this poor woman settle for anything less than the 45 million they are looking for? If the hospital had not let that woman sit for hours, writhing in pain on the floor, then I could understand...however, they were negligent and should have to pay the family for their loss due to THEIR NEGLIGENCE!
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