Botsford Pays $5M For Patient's Death
Jury Decides Hospital
Violated Provision Of Labor Act
May 1, 2003
A Detroit federal jury awarded $5 million to the family of
Kelly Snider-Smith, 33, who died while being transferred from Botsford
General Hospital to University of Michigan Hospital, according to
reports.
The jury found that Botsford Hospital violated the
Emergency Medical Treatment and Active Labor Act (EMTALA)
"anti-dumping" provision which prohibits hospitals from transferring
patients in an unstable condition. Snider-Smith (pictured, left)
weighed almost 600 pounds when he suffered a fractured left leg as a
result of an automobile accident on Oct. 10, 1998, Local 4 reported.
Botsford physicians reportedly decided to transfer
Snider-Smith to University of Michigan Hospital -- approximately 45
miles away.
Attorney Geoffrey Fieger, who represented the family of
Snider-Smith, said that a paramedic begged physicians not to transfer
Snider-Smith, but they refused. Hospital spokesperson Margo Gorchow
said that the hospital was forced to transfer the patient because of
his weight. "Our ... surgical operating tables go up to 350 pounds of
being able to manage patient weight.
This was a patient of near 600 pounds," Gorchow said.
Snider-Smith reportedly bled to death in the ambulance after leaving
the hospital. The verdict against Botsford Hospital is believed to be
the largest amount awarded in the United States for violation of an
EMTALA statute.
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