AND
AND HEALTHY, AND LEFT WITH SEVERE BRAIN DAMAGE.
>> WHAT IS WORSE, LEGAL HURDLES
+@
>> WHAT IS WORSE, LEGAL HURDLES ARE KEEPING HER AND HER FAMILY
FROM GETTING FINANCIAL HELP.
HERE IS CHARLOTTE HOFFMAN.
♪ ♪
♪ ♪
♪ ♪ >>
♪ ♪ >> Reporter:+@ CUSSON YES SAMPS
OVER.
OVER.
OVER. NEEDS HELP DOING EVERYTHING.
>> THAT IS A GOOD ONE.
>> Reporter: THE BOOKER T.
WASHINGTON GRADUATE HAD A FULL
RIDE TO A FINE ARTS COLLEGE.
TODAY THOUGH, SHE COLORS WITH
THE HELP OF HER MOM.
SHE BREEZES WITH THE HELP OF
HER MACHINE.
HER MACHINE. CUSSON YOU IS JUST 27 YEARS
OLD, BUT SHE SPENDS ALL DAY,
EVERY DAY IN HER BED, IN A
NURSING HOME.
NURSING HOME. SURROUNDED BY HER OLD PAINTINGS
A SIGN OF THE POTENTIAL THAT
SHE ONCE HAD.
KASINYA LIKELY DOESN'T
REMEMBER, SHE HAS SEVERE BRAIN
DAMAGE, AND IS IN A NEAR
VEGETATIVE STATE.
VEGETATIVE STATE. >> GOD GAVE ME THIS CHILDREN,
SHE IS SO TALENTED, SHE IS SO
TA+@LENTED.
TA+@LENTED. >> Reporter: IN 2015, KASINYA
WENT TO PARKLAND, FOR SURGERY
ON HER LEG TO REPAIR HER
INJURY, AND AFTERWARDS, WHILE
RECUPERATING, MEDICAL RECORDS
SHOW SHE SUDDENLY STOPPED
BREATHING FOR ABOUT NINE
MINUTES.
MINUTES.
MINUTES. STAFF FOUND HER UNRESPONSIVE,
AND IN CARDIAC ARREST.
RECORDS SAY NURSES MAY HAVE
GIVEN KASINYA TOO MUCH PAIN
MEDICINE IS MEDICINE, A
SUSPECTED NARCOTIC OVERDOSE.
>> THEY JUST SAID WE ARE SO
SORRY, WE ARE SO SORRY.
>> Reporter: PARKLAND WAIVED
KASINYA'S MEDICAL STAY, BUT
HER MOM, HELEN NEEDS MORE
FINANCIAL HELP THAN THAT, AS
YOU CAN SEE KASINYA REQUIRES
AROUND-THE-CLOCK NURSING CARE.
>> I HAVE BEEN TOLD, YOU ARE
GOING TO WASTE YOUR TIME,
BECAUSE WE ARE A GOVERNMENT
HOSPITAL, YOU WILL GET NOTHING.
YOU JUST HAVE TO WALK AWAY.
>> Reporter: SO HERE'S HOW THIS
WORKS, S+@INCE HEARTLAND IS A
PUBLIC+@ HOSPITAL, IT IS +@
PROTECTED UNDER +@A AN OLD LEGA
CONCEPT, CALLED SOVEREIGN
IMMUNITY.
IMMUNITY.
IMMUNITY. ITS PURPOSE WAS TO KEEP
TAXPAYER-FUNDED ENTITIES, +@LIK
PUBLIC HOSPITALS, SCHOOLS, EVEN
GOVERNMENT ITSELF FROM BEING
BANKRUPTED BY LAWSUITS.
>> HOW OFTEN DO YOU GET MEDICAL
MALPRACTICE CASES AGAINST
PUBLIC HOSPITALS?
PUBLIC HOSPITALS? THAT YOU CAN'T TAKE?
>> EVERY WEEK.
>> Reporter: MARIA WARMINGTON
IS A McKINNEY BASED MALPRACTICE
ATTORNEY.
ATTORNEY.
ATTORNEY. >> IT HAS BECOME INCR+@EASINGLY
DIFFICULT TO SUCCESSFULLY
PROSECUTE ANY TYPE OF CIVIL
+@
PROSECUTE ANY TYPE OF CIVIL CASE, AGAINST A COUNTY OR A
STATE HOS+@PITAL.
STATE HOS+@PITAL. EVERY TIME THE LEGISLATURE MEETS
IT SEEMS THAT THE SCREWS GET
TIGHT+@ENED A LITTLE BIT MORE.
>> IF HELEN TOOK A COUNTY
HOSPITAL LIKE PARKLAND TO
COURT, THE MAXIMUM SHE COULD
GET WOULD BE $100,000, WHICH
DOESN'T EVEN COME CLOSE TO THE
AMOUNT SHE WOULD PAY AN
+@
AMOUNT SHE WOULD PAY AN ATTORNEY'S FEES.
ATTORNEY'S FEES. >> Reporter: IS IT YOUR OPINION
THAT WAS THE DELIBERATE INTENT
OF THE STATUTE?
>+@> TO MAKE THERE BE NO CASES
BROUGHT?
BROUGHT?
BROUGHT? YES.
YES.
YES. NO
YES. NO QUESTION.
NO QUESTION. I MEAN, IF I CAN'T HELP THEM,
IF ATTORNEYS LIKE ME CAN'T HELP
THEN, THERE IS NOWHERE FOR THEM
TO GO, THERE IS NO JUSTICE
SYSTEM NOT AT ALL.
>>
>>
>> >>
>> >> Reporter: BOTTOM LINE, THERE
IS NO WAY TO HOLD PARKLAND
COUNTY A ACCOUNTABLE.
THEY DENIED OUR REQUEST FOR AN
ON CAMERA INTERVIEW, NOR WOULD
THEY ANSWER OUR SPECIFIC
+@ QUESTIONS ABOUT KASINYA'S CASE.
BUT HELEN ISN'T ALONE.
>> PEOPLE DON'T SEEM TO KNOW
THE MONSTER THEY HAVE CREATED
+@
THE MONSTER THEY HAVE CREATED +@WITHIN THE STATE OF TEXAS.
>> Reporter: +@CATHERINE WEBER
SAYS A DIFFERENT PUBLIC HOSPITAL
BOTCHED HER REP RESPIRATION
SURGERY.
SURGERY.
SURGERY. THIS IS WHAT IT LOOKS LIKE.
>> OKAY, WOW.
>> BUT SHE HAS NO RECOURSE.
>> THEY KNOW THEY HAVE GOT THIS
GET OUT OF JAIL FREE CARD, AND
THEY+@ KNOW THEY CAN DO ANYTHIN
TO ANYBODY.
TO ANYBODY. AND THERE'S NO CONSEQUENCES.
NONE.
NONE.
NONE. >>
NONE. >> Reporter: IN RECENT YEARS,
THE POWER OF SOVEREIGN IMMUNITY
HAS BEGUN TO EXPAND IN TEXA+@S,
AND WITH IT, A STUDY SHOWS THE
NUMBER OF MEDICAL MALPRACTICE
SUITS AGAINST THE STA+@TES
LARGEST PUBLIC HEALTHCARE
SYSTEM HAS PLUMMETED.
>> IF THERE IS NO MECHANISM FOR
ACCOUNTABILITY, THEN WHAT IS
THE MOTIVATION FOR IMPROVEMENT?
NOT MUCH.
NOT MUCH.
NOT MUCH. >> Reporter: HELEN AGREES.
AND IF HER +@DAUGHTER COULD STI
SPEAK SHE THINKS SHE WOULD