Mr. Smith removed the tube which had proven in the past that it could eliminate blockage and allow normal breathing. And the failure of the wife to have an autopsy performed. Also, the death certificate showed pneumonia and the myatonic condition, which I believe the myatonic condition prevailed because of the tube removal.

It is very hard to tell in this. There are points for both sides. I think that a big part of it was due to MR. Smith's Choice to stop using the Gastrotube that caused the recurrences of Pneumonia due to the food going to the Lungs. Weighing everything out that is what I relate the cause of death too.

I THINK WHEN THE GUY PULLED HIS FEEDING TUBE OUT IT CAUSED HIS OWN DEATH.

No autopsy - no proof. Just becuase you feel sympathy doesn't mean there's proof.

I THINK MR. SMITH WAS GIVEN ADEQUATE CARE BUT HIS PROLONGED ILLNESS CAUSED HIS DEATH.

Dr. Jones did all in his power, and made judgments based on what he was presented with. The severity of Mr., Smith's sickness will never be fully known, due to lack of an autopsy.

The defendents statement regarding Mr. Smith improvement withe the feeding tube and decline without the feeding tube. Plue the primary condition that was not treatable.

No proof that Dr. Jones caused or contributed to death.

The decision to remove the feeding tube was against doctors advice and the Smith family knew the potential problems this could cause.

None apply.

I do not feel any damages are merited.

I DON'T THINK THEY SHOULD GET ANYTHING. I THINK DR. JONES DID WHAT HE COULD FOR THE PATIENT.

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I don't know that any damages should be awarded to the Smith family.

None.

No proof means no award.

None apply.

I saw only one. The failure to take the deceased temperature. But this was done by the emergency room, which the doctor did refer the patient too.

I still believe the Methadone should have been a warnig sign to the Doctor and that the Cough Syrup should not have been given I also think even though the Defense Poo-poo'd off the fact that the Temperature was not taken, its starts to put some doubt in your mind if the doctor's office misses some of the little things. I have never been to a doctor's appointment where all my vital signs are taken Pulse TEmp, BP and O2 as well as Respiration. So it the office didnt take them there what else could they have missed.

LOSING INCOME AND COMPANIONSHIP WITH HIS FATHER.

not admitting to hospital and mixing medication (before I knew the Dr side)

None - sorry.

1. The doctor did not do everything in his power. 2. Mr. Smith should have had his temperature taken and been sent to the hospital.

1. Dr. should have admitted to hospital 2. Mixture of medicines

Narcotic prescribed Lack of thorough exam on the 19th at Dr. Jones office.

The fact that Mr. Smith was not admitted to the hospital and given aggressive treatment for the pneumona and the fact that a narcotic cough medication was perscribed while the patient was taking methadone.

Plaintiff removed tube twice, which he died after the second removal. The wife failed to have the autopsy performed.

The biggest factor is in the case right here, The Patient by his own choice and against doctors recomendations stopped using the Gastro tube and I believe that this was a major cause of his recurring Pneumonia and ultimately his death. In the beginning i had said I was upset that the doctor did not consult anyone else besides himself. The plaintiffs lawyer did a good job omitting that fact. In reality Doctor Jones used the resouces he had available to him at the time. To figure the best possible means of treatment.

PATIENT TOOK TUBE OUT ON HIS OWN WHICH CAUSED HIS PNEUMONIA. HE ALREADY HAD A LIFE-THREATENING CONDITION.

no autopsy removing feeding tube

THE SCARRING IN THE LUNGS AFTER MANY EPISODES OF PNEUMONIA. THE SWALLOWING DISORDER THAT MR. SMITH HAD BEEN FIGHTING FOR YEARS.

1.Dr Jones did everythig he was medically trained to do. 2. Mr. Smith was sevrely ill, and was inhaling food.

1. History of untreatable condition that lead to pnemonia, 2. Mr. Smith elected to not use the feeding tube.

No autopsy Other experts stating the treatment was correct.

The patient removed his feeding tube against doctors advice with knowledge of what the risks were and that the amount of narcotic in the cough medication was such a small amount that it is regularly perscribed for children.

No. Because the doctor immediately referred him to the emergency room, where it is automatically taken.

No. I do believe that the Medical assistant should have been the one taking the Temp or the RN. A temperature at this point probably would not have changed anything. The doctor treated the symptoms of the pneumonia and what was in his chart. If they were concerned about the temperature all Mr. Smith would have to do is ask.

NO. I THINK IF HE HAD MUCH TEMPERATURE THEY COULD HAVE FELT OF HIM.

Not sure. I thought a fever is the sign of infection I think temperature is a Dr. need to know

No. His call.

No. As his lawyer, it was a red herring issue. It had nothing to do with the issue at stake.

No. I don't think that is a REQUIREMENT in the medical profession. Should be a judgement call as to whether temp should be taken.

No. Dr. Jones considered it but saw no need. He was not negligent in not taking the temp.

No. It would not have made any difference in the plan for treatment and a slight temperature is to be expected with pneumonia. The patient did not show any indication that an abnormally high temperature was present.

No. No, the referral to the emergency room, should have provided a more detailed analysis of Mr. Smith's condition. Also, the complications that seem to have bought about the death of Mr. Smith, seem to come with the second removal of the tube which activated the myatonic condition, unfortunately to a fatal level.

Not sure. This I am not sure about. Not knowing the medical proffession as much. As a patient if i feel like I need to be admittied or think i should, I would get a second opinion and go from there. As for Malpractice, on the 19th I am not sure if the symptoms were bad enough to warrant Hospitalization. The plaintiffs lawyer did not really prove this point.

NO. NO THEY SAID HIS CONDITION DIDN'T WARRANT IT.

Not sure. I need to know a little more like what the Dr said to Mr Smith and Mr Smith to the Dr.

No. Not needed.

No. The doctor made a judgment call based on his symptoms.

No. Hospital emergency room personnel determine that admission not necessary

Not sure. Possibly it could have helped if he was admitted to hospital.

Not sure. Since Mr Smith's condition had not improved since his evaluation in the e.r. it would have possibly been better to admit him to the hospital where he could have been more closely monitored but since his cough had become productive that was an indication that the infection in his lungs was breaking up. Mr. Smith had had pneumonia enough times to know that the physical therapy that would have been administered in the hospital was necessary and could have done that at home.

Not sure. It's hard to second guess the professional judgement of a doctor.

No. If I remember correctly the fact that his cough was producing phlegm this was a good thing that the infection was being released from the body. Although i dont think it would have hurt any to take a culture.

NO. NO BECAUSE DR. SMITH ALREADY KNEW HE HAD PNEUMONIA.

Not sure. If Mr Smith died because of what the Dr may not have done than any one of these could be malpractice but without and autopsy to give cause than no these are not malpractice.

No. I DON'T THINK THE CULTURE WOULD SHOW ANYTHING DIFFERENT THAN WHAT MR. SMITH HAD BEEN EXPERIENCING IN THE PAST. I THINK DR. JONES WAS TRYING TO TREAT THE RECURRING PNEUMONIA BUT MR. SMITH'S MYOTONIC DYSTROPHY WAS INTERFERRING WITH ALL TREATMENT.

No. One had been done a few days before, as well as a few weeks before in Mr. Smith's hospital visit.

Not sure. I don't know much about that sort of thing.

Not sure. It's hard to judge after the fact.

No. My understanding of sputum is that it is the mucus coughed up from the lungs, so what would be the point of the culture? What would he be looking for?

Physically, from choking on the tube removal which allowed his breathing passageways to become clogged by foreign matter.

By the amount of Food and water that actually made it into his lungs and ended up drowning him in his own fluids.

I THINK HE PROBABLY DIED FROM PNEUMONIA AND HIS TOTAL ILLNESS WEAKENED HIM.

He stopped breathing - beyond that we really can't know.

PHYSICALLY, HIS HEART JUST GAVE OUT.

Mr. Smith was extremely ill. It was his time to go.

Results of Mr. Smith not complying wiht Dr. Jones treatment and the lung specialist in using the feeding tube to avod the aspiration.

Conjestive heart failure.

Since the time of his last meal was not stated, it is possible that he could have choked on food or he may have choked on mucus. The congestive heart failure may have caused his death but I don't think the CHF was caused by the pneumonia but rather the other medical condition he had.

The time frame between the emergency room examination, and the actual death. Also, what symptoms did he exude from the time of the doctors checkup, up until his death.

Testimony from the Radiologist and teh Internal medicine doctors that Dr. Jones consulted with. Last but not least, as painful and unfortunate as it is, an autopsy would have to be done to find out the exact cause of death.

IF THE MAN HAD NOT TAKEN THE TUBE OUT, AND STILL GOT THAT SICK AND WAS NOT TREATED WHAT WOULD BE HIS PROGNOSIS.

I'd like to hear more about the conversation between Dr. Jones and Mr Smith.

I WOULD LIKE TO KNOW WHY MRS. SMITH DID NOT TAKE HER HUSBAND TO ADDITIONAL DOCTORS IF SHE THOUGHT ADEQUATE CARE WAS NOT BEING PROVIDED. I ALSO WOULD LIKE TO KNOW WHY AN AUTOPSY WAS NOT PERFORMED SO THAT THE CAUSE OF MR. SMITH'S DEATH WOULD BE MORE CERTAIN. HE COULD HAVE DIED FROM MANY OTHER CAUSES THAT NO ONE WILL EVER KNOW. MAYBE HE HAD A STROKE, WE WILL NEVER KNOW.

nothing. my mind is set.

Nothing other than an autopsy report.

It would help the defense to state why patient was not sent ot hospital on the 19th. It sounds in this presentation that hospital might have helped. If there is a good reason why he was not sent to the hospital it sould be brought out.

I would like more information on the severity of the interaction of the cough medication perscribed and the methodone. I also would want to know the time Me. Smith ate his last meal. I would want an explination of why there was no autopsy done.

The facts of an autopsy report which were not available and that the patient did not remove the tube by his own doing, but by the doctor or doctor's permission.

I would like to see Mr. Smiths medical chart for that day and the previous 5 other episodes of pneumonia. Also Prescription records as to what the doctor did and did not know that the patient was taking. Something in the doctors handwriting that allowed the patient to stop using the Gastro Tube.

IF THE PATIENT'S SYMPTOMS WERE BAD ENOUGH THAT NIGHT THAT HE SHOULD HAVE BEEN ADMITTED AND WAS NOT DUE TO A TIMELINE OR CARELESSNESS OF THE PHYSICIAN.

Autopsy, period.

THAT ABSOLUTELY NOTHING WAS DONE BY DR. JONES TO TRY AND HELP MR. SMITH WITH HIS VERY SERIOUS ILLNESS.

I would have to see very clear evidence and not just allegations that the patient was not as sick as he really was and that Dr. Jones neglected to treat him as best as he could.

I would have to see an autopsy report for the cause of death that the plantiff failed to have performed.

I would need to see autopsy stating that something directly caused by Dr, Jones caused death...or something that Dr, Jones could have prevented.

The plaintiff would have to have an autopsy done to prove the actual cause of death was due to CHF or something else caused by the madication Dr. Smith perscribed.