CIVIL TRIAL UPDATE: De Rogatis vs. Shainsky
On February 4, 2014, the Tara Lynn De Rogatis Foundation will move forward with an appeal in the case of De Rogatis Vs. Shainsky. In December 2013 a “Not Liable” ruling was handed down after 3 days of jury interviews and 5 days of trial testimony. However, there were numerous factors we feel contributed to an unfair trial. It is important that we as a society say NO, it is NOT OK to practice medicine below the accepted standard of medical care. In this case Dr. Shainsky carelessly and negligently not only misdiagnosed Tara but also did further harm by giving her 350 opiates within a 45 day period. The last 100 opiates were Percocet, which are classified as a scheduled II drug with properties mirroring heroin and effects of severe depressive respiratory failure. Tara had never taken this drug prior to the doctor’s prescription on March 22, 2010. Tara was found unconscious at 5:30 a.m. and pronounced dead at 8:39 a.m on march 23, 2010. The autopsy report shows that the levels of Percocet were 10,000 times the legal level. Our discovery revealed that Dr. Shainsky wrote out a prescription for 100 Percocet’s on March 22 after Tara told her that something was “terribly, terribly wrong” and she was experiencing severe pain. Tara also stated that she could not live with the amount of pain she was in. Dr. Shainsky failed to send Tara to the Cedar Sinai emergency room which was located 100 yards from her office. Other details to follow.
If we silently bury our children, family, friends due to medical malpractice/wrongful death then we do them and ourselves a disservice. The legal system, the courts, especially in California, have gone through a dark, harrowing downfall. Funding has been cut by the State, in this case, California, courtrooms have been closed, case loads are backed up for years and cases usually tried in downtown Los Angeles are being farmed out to Pasadena, Van Nuys etc. Our case was farmed out from its original courtroom in downtown Los Angeles to Pasadena. We were instructed on our first day that the complexities of these cases are very sensitive and jurors were hard to find, those willing to sit on medical malpractice jury. Our Judge was right. It took almost three full days to find 12 jurors and 4 alternates. We called one jury pool after another. We then were faced with having to keep jurors who told the judge they were biased against actors and felt they could not make a fair judgment. We were told by jurors upfront that they had known someone or they themselves were taking prescription medicine, namely opiates. Some had experienced suicides in their close family due to drugs and alcohol. The issue of our case wore harshly and painfully on the faces of our jurors. Despite these main obstacles we were still forced to put forth our case within 5 days after jury selection.
As we move forward, we are now being told that we must pay the legal fees put out by the doctor’s insurance company. They are asking $180,000 plus.
We need your support. The link to one of Tara's original paintings called Faith has been linked above. We ask that you become a part of our fight for justice and in our efforts to open the gates of justice for you and your family by standing firm. We do need your financial help in order to continue our appeal. You can help by either purchasing a Giclee reproduction of many of Tara's productions or by making a one-time donation. This will help us STAND UP for justice. Please either click on the link above for our Faith painting or click the link below to browse through our website. Together we can make the crooked place straight.
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