child dies after workers refuse to fix his medicaid record

[NGSamson]

The mother should have been indicted for child abuse since stupidity isn't a crime.

Which you should be grateful for

I guess you missed the part where she was calling human services several times a week. What was she supposed to do, hold them at gun point? Yes I would have gotten much more in people's face about this too, but hindsight is 20/20 and many people are very intimidated by authority/authority figures and feel powerless. She also may not have realized that his life was in danger. Again I agree she should have known, and could have done more, but it's easy to get self-righteous about this and rubbing salt in her wound is asinine in a wide variety of ways.

That aside, I hope with great passion that the SPECIFIC PEOPLE who blew her off end up in jail, and that point should be emphasized. But it won't. Incompetent employees hide behind their company and get off scott free while the best one can usually hope for is the company or state or whatever just throws some money at this and goes "oops our bad." That itself should be a crime. PEOPLE should be held accountable for shit like this.

She could have called her Dr.'s office and said " Hey, my stuff is all messed up.I cant get my kids meds". The receptionist would have passed the message on to the Dr. and the Dr. would have given the woman samples to hold the kid over until the issue was settled.

 

[bill5]

She could have called her Dr.'s office and said " Hey, my stuff is all messed up.I cant get my kids meds". The receptionist would have passed the message on to the Dr. and the Dr. would have given the woman samples to hold the kid over until the issue was settled.

Maybe. We have no idea if that's what the Dr would have done (I have seen more than my share of incompetence, apathy, and even willful neglect from Dr's than I care to think about). Second and again, it's easy to sit around and mull about how she could have done this or that after the fact. The point is she didn't just sit around. In fact, near as I can tell, she did what felt she could and should do. Calling her neglectful is ridiculous.

 

[bill5]

Exactly.

And while there may be extenuating circumstances, while she may not have known, or it just happened so fast there was no preventing it (well aside from making sure your child has the medication he needs...and even with medication, asthmatics often die suddenly) that DOESN'T make it the fault of the people who sell the drugs, or the people who determine eligibility for medicaid!

Perhaps. But at the very least it IS the fault of her case worker and/or anyone in her chain of command, as well as whoever failed to ensure she WAS in the system - or why she was taken out. etc etc. Again pointing a finger at her is absurd. She obtained and provided DOCUMENTED, VERIFIED PROOF of his eligibility - but because they're so stupid/stubborn/blind they refuse it anyway - and they aren't accountable? I think not.

She addressed this. She was blown off. I'm going out on a limb and suggesting this isn't her fault. I hope those who ARE responsible are fired if not jailed (yeah right) and the pharm company and HR "services" are held liable for a truckload of money. It won't bring her child back, but it if it's enough, it might leave a big enough sting to light a fire and have Colorado/Denver/the pharms FINALLY get their shit together.

 

[NGSamson]

She could have called her Dr.'s office and said " Hey, my stuff is all messed up.I cant get my kids meds". The receptionist would have passed the message on to the Dr. and the Dr. would have given the woman samples to hold the kid over until the issue was settled.

Maybe. We have no idea if that's what the Dr would have done (I have seen more than my share of incompetence, apathy, and even willful neglect from Dr's than I care to think about). Second and again, it's easy to sit around and mull about how she could have done this or that after the fact. The point is she didn't just sit around. In fact, near as I can tell, she did what felt she could and should do. Calling her neglectful is ridiculous.

It fits the legal definition of abuse and neglect. I posted that earlier in the thread. If that Dr was a twerp she could have gone to another.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,
or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall
be subject to the provisions of section 19-3-103.

http://www.cdphe.state.co.us/ps/cctf/canmanual/app1.pdf

 

[koshergrl]

Exactly.

And while there may be extenuating circumstances, while she may not have known, or it just happened so fast there was no preventing it (well aside from making sure your child has the medication he needs...and even with medication, asthmatics often die suddenly) that DOESN'T make it the fault of the people who sell the drugs, or the people who determine eligibility for medicaid!

Perhaps. But at the very least it IS the fault of her case worker and/or anyone in her chain of command, as well as whoever failed to ensure she WAS in the system - or why she was taken out. etc etc. Again pointing a finger at her is absurd. She obtained and provided DOCUMENTED, VERIFIED PROOF of his eligibility - but because they're so stupid/stubborn/blind they refuse it anyway - and they aren't accountable? I think not.

She addressed this. She was blown off. I'm going out on a limb and suggesting this isn't her fault. I hope those who ARE responsible are fired if not jailed (yeah right) and the pharm company and HR "services" are held liable for a truckload of money. It won't bring her child back, but it if it's enough, it might leave a big enough sting to light a fire and have Colorado/Denver/the pharms FINALLY get their shit together.

No, it is NOT. You can't fail to be a mother to your child just because you have insurance. Insurance does not insure that you can be as crappy a guardian as you choose, and never be held responsible for the well being of your child.

you don't just stop trying to get treatment for your child because somebody at the front desk says there's a problem with your coverage. It is reasonable to expect that a parent will not stand by and watch her child die because she is standing in line, because she's lost her wallet, because the doctor isn't in, because she has a flat tire, because she didn't pay her phone bill..what the hell EVER. The child wasn't treated because she didn't get the child treatment. It isn't because some poor government worker screwed up her coding or got behind on their caseload and processing times.

If my child was having an asthma attack, and I didn't take him to the hospital because I owe them money...that's not the hospital's fault...

And if this woman had sought any sort of information or advocacy, any at all, this could have been taken care of promptly. She probably tried to call ONE person, on that person's lunch hour, and they weren't available so threw up her hands, took another bong hit, let her kid die, then stomped into the waiting room screaming and waving her hands around.

This is beauracracy and socialism in motion. YOu end up with a populace that has become so unused to doing ANYTHING for themselves that they are essentially crippled. They're afraid to take initiative, and they don't know how, and they depend upon a system that doesn't care if they live or die, and is rife with injustice and error.

 

[Rat in the Hat]

Why didn't the mother take the time to get a lawyer and sue the city for the cost of the medicine while the child was alive? She certainly found time to find one after her kid died.

I'll bet the city would have fixed the paperwork in a hurry had they been served court papers. And they probably would have hand delivered the meds he needed.

 

[freedombecki]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

 

[bill5]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

Finally someone who gets it. Thank you.

 

[NGSamson]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

Its the law suet that's not right. Doesn't matter, the dept will settle out of court to avoid a huge media mess.

 

[freedombecki]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

Its the law suet that's not right. Doesn't matter, the dept will settle out of court to avoid a huge media mess.

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

 

[NGSamson]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

Its the law suet that's not right. Doesn't matter, the dept will settle out of court to avoid a huge media mess.

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

 

[Sunshine]

Why didn't the mother take the time to get a lawyer and sue the city for the cost of the medicine while the child was alive? She certainly found time to find one after her kid died.

I'll bet the city would have fixed the paperwork in a hurry had they been served court papers. And they probably would have hand delivered the meds he needed.

The elements of negligence are duty, breach, causation, and damages. Before he was dead, all four of those elements had not been met. There were no damages until he died. Now there is a wrongful death.

 

[NGSamson]

In Colorado Neglect is abuse, and abuse is neglect. Thats why they charge people with abuse/neglect. This is the states definition not mine-

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,
or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall
be subject to the provisions of section 19-3-103.


Thees two from the link say she committed a crime.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

http://www.cdphe.state.co.us/ps/cctf/canmanual/app1.pdf

 

[Sunshine]

In Colorado Neglect is abuse, and abuse is neglect. Thats why they charge people with abuse/neglect. This is the states definition not mine-

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,
or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall
be subject to the provisions of section 19-3-103.


Thees two from the link say she committed a crime.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

http://www.cdphe.state.co.us/ps/cctf/canmanual/app1.pdf

With her complaints against the State, I doubt the State will charge her with a crime. That is not to say the mother couldn't have been more aggressive in caring for the boy. But, in fairness, when I was her age, I wouldn't have known that doctors had samples or medicines. I didn't know that until I started working as an NP. No once before that had I nor any of my family been handed a sample drug.

He didn't die at home. She did take him to a hospital where he was on a vent for a few days before he died.

 

[NGSamson]

In Colorado Neglect is abuse, and abuse is neglect. Thats why they charge people with abuse/neglect. This is the states definition not mine-

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,
or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall
be subject to the provisions of section 19-3-103.


Thees two from the link say she committed a crime.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

http://www.cdphe.state.co.us/ps/cctf/canmanual/app1.pdf

With her complaints against the State, I doubt the State will charge her with a crime. That is not to say the mother couldn't have been more aggressive in caring for the boy. But, in fairness, when I was her age, I wouldn't have known that doctors had samples or medicines. I didn't know that until I started working as an NP. No once before that had I nor any of my family been handed a sample drug.

He didn't die at home. She did take him to a hospital where he was on a vent for a few days before he died.

I think thees days they have more on hand. I have SVT and high blood pressure. I take this crap called nebivolol, now I have superb insurance, and my Dr. still tries to send me out with it. Maybe there are legal issues ib thr state that prevents it, I dont know, Im just a bindelstiff on a message board with an opinion, and you know what they sat about those ! Regardless, it is sad.

 

[koshergrl]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

I agree..whether it was negligence or just bad luck on her part, who knows. But regardless, the caseworker and pharmacists are not responsible for that child's death.

 

[koshergrl]

In Colorado Neglect is abuse, and abuse is neglect. Thats why they charge people with abuse/neglect. This is the states definition not mine-

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,
or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall
be subject to the provisions of section 19-3-103.


Thees two from the link say she committed a crime.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

http://www.cdphe.state.co.us/ps/cctf/canmanual/app1.pdf

With her complaints against the State, I doubt the State will charge her with a crime. That is not to say the mother couldn't have been more aggressive in caring for the boy. But, in fairness, when I was her age, I wouldn't have known that doctors had samples or medicines. I didn't know that until I started working as an NP. No once before that had I nor any of my family been handed a sample drug.

He didn't die at home. She did take him to a hospital where he was on a vent for a few days before he died.

I think thees days they have more on hand. I have SVT and high blood pressure. I take this crap called nebivolol, now I have superb insurance, and my Dr. still tries to send me out with it. Maybe there are legal issues ib thr state that prevents it, I dont know, Im just a bindelstiff on a message board with an opinion, and you know what they sat about those ! Regardless, it is sad.

Even if she demanded free samples and they denied her..unless the kid was right there in front of them dying, they still are not obligated in any way to give her meds if she's unable to pay.

If the child was in distress and she knew it, then she should have gotten her ass to the ER.

 

[freedombecki]

Its the law suet that's not right. Doesn't matter, the dept will settle out of court to avoid a huge media mess.

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

The drug company was in the big middle of it. This isn't about what should be, it's about what is in place, and how error killed this child in spite of his mother's concerted efforts to get him medicine that was prescribed and by law, he was entitled to receive. This is a matter for a court of law, not the kangaroo court of public opinion.

 

[freedombecki]

People make mistakes. I know a couple who moved to a different state whose son started wheezing upon arrival. In a few hours, the son's wheezing grew into strange gasping sounds. From their hotel room, the mother said they needed to get their son immediately to the hospital. The father said it wasn't necessary, the son was just trying to get attention. She grabbed the keys and the kid and headed out the door. He followed along behind, not wishing to stay in a strange hotel by himself. When they got to the er, the doctor told the couple how lucky they were, their son would have been on the verge of dying in less than an hour. As it were, their son's life was saved.

People who don't know better about allergies are neither stupid nor mean. They just can't tell a real crisis from an emotional issue.

Bad stuff happens to good people every day. We do not have enough evidence to slam this bereaved mother with neglect. Ignorance maybe, but neglect, nope.

I do not know what a judge will decide, but I don't think the mother had a clue how serious her son's asthma was until it was far too late. She wasn't lucky enough to have someone by her side gauging her to do the right thing and do it now.

I agree..whether it was negligence or just bad luck on her part, who knows. But regardless, the caseworker and pharmacists are not responsible for that child's death.

It is just not that cut-and-dried, imho. If the law entitles an underprivileged, ill child to health benefits, heaven and earth cannot protect the slattern who behind closed doors made the drug unavailable to a helpless, 9-year-old victim of severe asthma, and the pharmacists certainly did turn a deaf ear to the mother's pleas by being the mouthpiece for the screwball number someone did to withhold medication from him through the poorest imaginable record-keeping.

 

[initforme]

Our healthcare system is in total shambles. It needs a major overhaul. This is an easy one.