Hopeful that a conviction would mean her family can seize their assets. What happened isn't malpractice. This is criminal.
To start with, I am not a lawyer, so this is my barely educated reply. This is nothing new for most of the people here, but for the youngsters:
If they are convicted of felonies in Colorado, the judge must order restitution. However, restitution is limited to actual expenses. While a defendant can be required to reimburse the
victim's insurer, it is not clear what would happen when the
defendant's insurer paid for expenses.
Even with additional charges, it will essentially be impossible to get around the med-mal caps. Otherwise, lawyers would do that all the time. If it involved "health care judgement" in any way, it has to be a med-mal action. Slip on a wet spot on the floor on the way in, that is a separate tort. Slip on a wet spot if a physician/nurse asks you to walk for a gait test, then that is med-mal.
Finally, with torts it is "speak now or forever hold your peace." That is why they shotgun name everyone who might possibly be involved in a case. You can't come back later and say "oh, we missed something." In addition any statute of limitations would have already passed.
Bottom line, the caps are the caps, and it is certain that whoever ended up paying the medical bills gets paid first.
““I have to tell you Dr. Richmond, I am sorry. You have been through hell to say it bluntly,” said Fountain, who’s also a certified nurse anesthetist”
With my involvement with state medical boards, this is not at all unusual. Unless you are dealing with someone who sexually assaulted a patient, board members are generally incredibly sympathetic to physicians at the hearing. We had one old radiologist who did residency before cross-sectional imaging, and who was missing literal "textbook cases." Everyone went on for a long time to acknowledge his past contributions, how hard it was to learn new technologies, how medicine isn't easy ... but you are literally killing people so no more cross-sectional imaging. If you want to read something, it has to be all plain films. I believe he got the hint and retired.
Common sense would imply that means that every second is important when someone is under. Why tf would someone leave a sedated patient alone for 15 minutes then! I haven't even started medical school yet and I know that after a few minutes of oxygen deprivation permanent brain damage starts to happen. If that nurse cannot understand something this simple to protect his patients he shouldn't be doing any kind of patient care at all.
It happens. Just happened to come across this story. An anesthesiologist in Miami left a patient unventilated for 2-9 minutes resulting in death.
Florida Accuses Doctor of Malpractice
The board complaint contains more details, but the document itself can't be linked. A Florida license search will bring it up. The 2-9 minutes without ventilation is from the board complaint.
To be clear there is no comparison between the linked case and the case in this thread. I brought it up in reference to the quote: Things happen. Anyone who has done medicine for a while repeats the phrase, "There but for the grace of God goes I ..." Even if they are an atheist.