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MINNEAPOLIS: The family of a Pakistani student who made headlines earlier this year because he faced possible deportation while receiving medical care after a serious car accident is now suing a northern Minnesota hospital and the doctor who treated him in the emergency room.
A lawsuit filed Friday on behalf of Muhammad Shahzaib Bajwa claims a doctor at Cloquet Community Memorial Hospital didn’t quickly ensure that Bajwa’s airway was unobstructed. As a result, the lawsuit says, Bajwa suffered permanent brain injury and brain damage.
The lawsuit names the hospital and Dr. Peter T. Olsen as defendants. It alleges Bajwa is permanently injured and disabled as a direct and proximate result of Olsen’s negligence.
“Dr. Olsen’s failure to timely establish and ensure an adequate airway was a direct contributing cause of permanent anoxic brain injury and damage,” the lawsuit says. It seeks damages in excess of $75,000 to cover medical care and treatment. It also says Bajwa has endured pain, disability and emotional distress, as well as lost wages and a reduced earning capacity in the future.
A message left with the hospital chief executive wasn’t immediately returned Friday. A message was also left with Olsen, who was not in the office Friday.
Bajwa was injured Nov 13 when the car he was riding in struck a deer. His injuries included severe head and facial trauma, and he was in a coma for months.
At the time of the accident, Bajwa was enrolled in a fall semester exchange program at the University of Wisconsin-Superior. As his student visa was expiring in February — and Bajwa was still in a coma at Essentia Health-St. Mary’s Medical Center in Duluth — family members said hospital officials were pressuring them to agree to Bajwa’s return to Pakistan.
Pakistan’s consul general from Chicago, Faisal Niaz Tirmizi, said in February that US officials agreed on a visa that would allow Bajwa to stay, and that the insurance carrier for Bajwa’s exchange program agreed to cover up to $90,000 of his expenses at a long-term care facility in the Duluth area.
The lawsuit says Bajwa is currently receiving long-term medical care in St. Louis County.
His brother declined comment Friday, and his attorney did not immediately return a message seeking comment about Bajwa’s condition.
An online fundraising campaign to help cover Bajwa’s medical costs had raised more than $146,000 by Friday.
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On DawnNews
Comments (37) Closed
Mar 29, 2014 11:51am
Now this is getting out of hand. They have been kind enough to support his medical costs, extend his visa at their cost and now the family is suing them for something which is in no one's control. This was a horrible accident, nothing more. The family have already been offered full medical support and have raised even more online, why are they suing for more.
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Mar 29, 2014 12:02pm
Such A SAD... story.
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Mar 29, 2014 12:42pm
@Monal:
I am sure the family is talked into this law-suite by greedy lawyers ..
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Mar 29, 2014 12:59pm
@Monal:
Greedy and beggars from Pakistan all, they want is money and Govt of USA to pay
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Mar 29, 2014 01:23pm
@Ramesh Manghirmalani:
Thank you Ramesh for your comment. I am a greedy beggar from Pakistan too in that case. Your comment is noted. But this has nothing to do with Pakistan or Muslim or India or Hindu or Shia or whatever, you are in the wrong section.
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Mar 29, 2014 01:55pm
@Monal:
There is no point in being emotional about it. Living here, we come across so many grievances of people who have suffered in the healthcare fiasco that USA is. US has amazing and advanced medical systems, but the access to it is so poor.
The family might have perfectly valid reason to sue. We don't know yet.
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Mar 29, 2014 02:03pm
@Ramesh Manghirmalani:
A racist comment underlines the mind set of many Indians. Firstly, if hypoxia brain injury has occured because the airway was not secured then perhaps that poor lad may not have suffered the degree of disability that he did. If someone is responsible for that, then it's appropriate to investigate it. Usually the process follows initially with a complaint, if it's clear there was an error, law suits follow. It's the right of any family regardless, to be compensated for negligence. Just because he was treated does not wave off the responsibility of the hospital to provide care of a particular standard. That boys life is ruined, I treat plenty of brain injuries and people walk out of the doors.
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Mar 29, 2014 03:32pm
@Amarnath:
There may be the case of doctor's negligence. This common in Pakistan too. I have experienced the same in the hands of doctor where they have not given oxygen on time to my father resulting damage to brain and more than two months of hospitalization and eventual death. In any accident involving injury to head initial treatment is very critical.
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Mar 29, 2014 03:38pm
its an unfortunate accident but the family cannot have it both ways
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Mar 29, 2014 04:40pm
A simple "thank you" would have been more appropriate. Come to think of it ... I can't remember Pakistan ever saying thank you for the any of the USA Billions .. whether it was for disaster relief or whatever.
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Mar 29, 2014 05:10pm
@Monal:
He had insurance coverage so please get your facts straight or maybe you think a Pakistani life is not so important and should settle on whatever they get. Also the sue amount is less and the family needs to sue the lawyer for misguiding them. This amount could have been offered to them without a lawyer
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Mar 29, 2014 05:12pm
@Ramesh Manghirmalani:
Please do not use diragotory statements. They did the right thing by sueing. I am sure you forgot your own backyard so please just watch your own backyard
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Mar 29, 2014 05:43pm
@Monal:
charity, being helpful or kindness has nothing to do with the negligence, as a practising medical officer, once patient is under the care, has no difference to finance matter, every act would be persecuted as per your professional responsibilities. i wish people use some common sense before writing it on the page , i think your perception is that he didn't had the money for his medical treatment he should have died in first place, however so called kind hearted american has granted favour for his medical treatment so he should be thank full that he is not dead but he going to be disable forever ( so what's wrong in it)........ think again before you write
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Mar 29, 2014 06:41pm
Nice way to repay kindness of the Americans.
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Mar 29, 2014 06:56pm
Pakistanis cannot be trusted in matters of immigration or money. They will ask for green cards next.
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Mar 29, 2014 07:03pm
If American hospitals are negligent, his family should get him home ASAP, also, what if something similar happens to his family member, who have all dashed to big bad infidel America?
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Mar 29, 2014 07:09pm
@Ramesh Manghirmalani:No body knows what the real situation is ,so stop speculating.And by the way,lot of so called Indian "tourists" land at American airports and go straight to the emergency rooms and get free Heart bypass surgeries.In US by law one cannot be denied emergency care.Go figure.
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Mar 29, 2014 07:18pm
They are using their right,but make sure that you need to do your duties also ,when it is your turn.At that time don't say that we need help and beg for visa and donations .
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Mar 29, 2014 07:33pm
@Ali:
I have no idea what your comment implies or which facts are you talking about so here, I will share my straight facts with you. He went through a study exchange program, the Global UGrad of USEFP, where entire costs including the medical insurance is covered by the US State department. However, this insurance did not covered such extensive costs related to this accident. Therefore the hospital provided medical care for free, but when they couldn't anymore online funds were raised. Now your comment is a typical emotional charge; this has nothing to do with Pakistani or American or Western life. This was a tragic accident!! Suing anyone won't help! I don't like to think about the consequences this incident would have on the exchange program through which 100s of students go to US every year. Already they are cutting short Pakistani programs. They will probably add clauses about such accidents making it harder for future students. You get the point?
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Mar 29, 2014 07:41pm
Actions like this give all Pakistanis a bad name. The hospital provides him the best care available in the world knowing that they will not be paid, US government extends his visa to give him time to recuperate and what is their reward? The family turns around and sues the hospital and the doctor! It is so obvious, as the family is not able to pay the hospital bill, this lawsuit is a crude attempt of extortion and a shake down.
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Mar 29, 2014 07:45pm
It is a sad and tragice accident. I pray for Shahzaib's full and speedy recovery. It will be in appropriate for me to comment about the Law Suit because I don't know the facts.I would urge
all the readers to be mindful of the tragedy and make no comments that are based on rumors and not facts.
Please be civil and respect Shahzaib's family and the doctor's privacy until all the facts are out. I don't believe you can blame a religion or a country for any reason. Every individual should be held accountable for his/her deeds.
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Mar 29, 2014 08:59pm
75000 is a legal amount in US courts. When someone is seekin anything over 75000 then they have to right 75000 or more. Go figure Einsteins.
It's the law, the family can do anything within the boundaries of law. So everybody please think once before commenting, if something happens to you or your family.
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Mar 29, 2014 09:15pm
It is a disappointment to learn about this lawsuit. I contributed to the cause and was going to contribute more but learning about this lawsuit I was disappointed that the family took legal action right away. It seems like a case of greed. We did so much for this family and some of us will continue to do so.
However, no doctor is perfect and many doctors, especially in the US, take extreme caution and care to ensure full recovery. It was not easy to extend the VISA but US State Department and Pakistan Consulate in Chicago stepped up. I am also surprised to learn that they were very quick to pursue a lawsuit rather than wait. There are Pakistani Americans who are in much worse situations and they would never think of a law suit, unless it was very obviously done with criminal intent.
I am saddened by this lawsuit and hope that they would withdraw. There are many families who are in worse circumstances and believe in the grace of Allah rather than the grace of Money.
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Mar 29, 2014 09:16pm
@unbelievable:
it is unbelievable that you know Pakistan never thanked US
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Mar 29, 2014 10:00pm
@Ramesh Manghirmalani:
A man sued McDonald's for one billion dollars because the fries were made in the same oil used for making beef. Talk about greedy.
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Mar 29, 2014 10:12pm
Law suit is great because the discovery process by the defense will reveal more details
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Mar 29, 2014 11:12pm
@Ramesh Manghirmalani:
I don't condone Shazeb's family suing the Hospital and the doctor. However, I must say that you're so full of it. You are simply ignorant and full of hatred. Why do you have to drag a country in this individual act? I would stop short of hurling back something nasty as I know that the majority of my Indian friends are great souls.
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Mar 30, 2014 12:03am
@Ramesh Manghirmalani:
so do your kind.
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Mar 30, 2014 01:02am
American greed catches up fast.......Don't bite the hand that feeds you!
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Mar 30, 2014 01:07am
@Monal: I agree with Ganga Din. US is the most litigious society in the world and having lived here most of life I have come across the most ridiculous of lawsuits. This is far from being one of them. The family has truly suffered and you have no proof that the attending physician was not negligent. The truth will come out in the legal proceedings and if there was wrongdoing, the family will be, and should be compensated. The fact that state department paid for anything does not give that doctor any less accountable for his actions. He, or the hospital, will not be bankrupted over this, as they carry enough professional liability insurances for such occasions.
You tend to think the US does Pakistan or other countries favors by attracting their best and brightest to US institutions. That is hardly the case, as a good number of these students become the most contributing members of US innovation, industry and overall economy. The day Pakistanis, Indians, Chinese, Koreans, etc. stop coming here, US leadership in science and technology will be a thing of the past.
@ Ali: Most lawyers in medical malpractice cases work on a contingency basis, so I doubt there is any upfront cost to the family. Lawyers usually take a third of whatever they get for the victim. In other words, it is in the lawyer's best interest not to leave anything on the table. Besides, I am quite sure that the $75,000 mentioned above are purely for expenses incurred due to the brain injury. The pain and suffering and loss of compensation award by the jury would be 7 figures, if they find for the plaintiff.
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Mar 30, 2014 02:00am
@Shariq:
Only sane comment in the whole loop. Cheers
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Mar 30, 2014 05:17am
@Monal:
Visa was extended by the US government, NOT the hospital.
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Mar 30, 2014 05:18am
@Ramesh Manghirmalani:
You should see what the indians do here in the US.
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Mar 30, 2014 05:20am
First of all, the generous action of extending his visa was grated by the US government, and NOT the hospital.
Secondly, suing a hospital for &75,000 is mere peanuts, as people sue in the millions here, which makes me believe that the family is not greedy but rightly seek compensation to the hospital's negligence.
I hope and pray that the family gets justice.
And once again, thanks to the US government for extending the visa in the first place.
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Mar 30, 2014 06:58am
@Ramesh Manghirmalani:
You have blamed Pakistani greedy and beggars but have you read your India Abroad publication. Every other day there are names of Indian doctors, businessmen and others being caught in the U.S for cheating govt, recently several have been convicted for illegal trasaction in stock market. So be carefull when you blame only one segment, be fair without any bias.
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Mar 31, 2014 07:00am
This is so ridiculous. The hospital has provided all kinda medical facilities to a foreign student all free of cost. The government has provided visas to the family. What else you want from us? This is nut. Just face it. If he will be in Pakistan, he will not be even attended by a doctor.
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Apr 01, 2014 12:32am
@Syed Hassan:
It was not free. He had health insurance that covered the cost.
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