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Doctor sues city for severe brain damage

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Updated: 4/02/2010 9:19 pm
A local doctor who was in a coma for two months will likely never walk or practice medicine again. Now, the doctor's family is suing the Bakersfield Police Department and Hall Ambulance for not giving him immediate medical attention. Bakersfield police are accused of handcuffing, detaining and abandoning Dr. Mohamad Harb for more than an hour in downtown Bakersfield in 2007 because they assumed Harb was drunk. However, it turned out, Dr. Harb was suffering from a stroke. 17 News visited Dr. Harb and his family at their home Friday. Harb can barely speak, and he relies on his wife and four children to take care of him. His wife Fatema Zaghloul blames Bakersfield police and Hall Ambulance paramedics for her husband's condition.
        
"The police, they are supposed to protect us," Zaghloul said. "But she (the police officer) didn't even save his life! If she saved his life, he wouldn't be like that."
        
Two years ago, Dr. Harb reportedly worked a long shift at Kern Medical Center trying to save a baby in the neo-natal intensive care unit. Dr. Harb's wife said he was on his way home when he suffered a stroke driving on 24th and Oak Streets and pulled over. After seeing vomit in the car and on Harb's clothing, the lawsuit claims Officer Claudia Payne handcuffed and detained the doctor on the side of 24th Street for more than an hour. Paramedics were at the scene but no one checked Harb's condition until a colleague pulled up and explained the doctor had just come from work. Police originally believed Harb was drunk, but his wife says that is impossible because he doesn't drink.
"She thought he was drunk," Zaghloul said. "And he never even touched it."
Harb's attorney Steven Gibbs says the family is suing for negligence and denying care to a prisoner since Harb was handcuffed on the side of the road for more than an hour. Gibbs also said the Kern County Fire Department may have to go to court since they also showed up at the scene and didn't check Harb's symptoms. Attorney Michael Lehman is representing the Bakersfield Police Department. He says there is no evidence of wrong-doing.

"There is no evidence cited by either Hall or the plaintiffs in this case that refutes the fact that the City of Bakersfield Police Department did summon medical care in this case," Lehman said in court.

However, Gibbs says his client could have been saved.

"Lost seconds or minutes are lost brain tissue," Gibbs told 17 News.
Harb's wife says she is suing for more than just money. She wants to spread awareness.

"It may happen to someone else. I need them to see what they are doing," Zaghloul said.

17 News tried to reach attorneys representing Hall Ambulance, but calls were not returned. The trial will begin in August.
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

An observer - 5/15/2010 1:28 AM
1 Vote
If the police thought he wasn't ill, then they wouldn't have summoned medical care. So why was he kept handcuffed and not treated? It's because they lack the training they need. Paramedics cannot move in to care for a patient without the authorization of the police if they are on the scene first and the authorization of the fire department even if they get to the scene before the fire department. That's the way I remember it being in Bakersfield. If the plaintiffs do not win this lawsuit, I feel it will be bad news for Bakersfield. The police obviously felt he needed medical care, they called the paramedics, but they didn't follow through with allowing treatment. That sounds like something worse than negligence. These days it seems like almost all, not all, law enforcement are on a power trip and abuse their power. They need to be trained better and they need to quit abusing their power and stop treating human beings like they have no value. It appears they see every citizen as a criminal.

princessv - 4/13/2010 11:31 AM
0 Votes
I'm sorry I missed the part where it says police officers are suppose to be perfect in every situation...it is sad what happened but only god can judge actions of another....

mommy78 - 4/6/2010 5:22 PM
1 Vote
can you stop leaving stupid a,, comments about this dr. he was a great dr.

danam - 4/5/2010 7:37 PM
1 Vote
Dr. Harb is an amazing man who saved many childrens lives. He was handcuffed and sat on a curb and could have very well died. To him, it probably feels like a death that he can no longer practice medicine. My daughter was born at 1 pound 8 ounces and four months premature. Dr. Harb came to my bedside in the hospital and firmly told me to go see my daughter as she may not survive. I was in complete denial and shock but with his message summoned the courage to go see her. Because of him, my daughter is alive today. She is 12 years old and is doing great. I was sick to my stomach when I heard about this tragedy. The community lost an excellent physician in Dr. Harb. The City of Bakersfield and Hall ambulance should settle this suit for millions of dollars. Dr. Harb had many years left to practice medicine. Thank you Dr. Harb for saving my daughter's life. You will NEVER be forgotten and we love you dearly and are hoping for the best outcome for your health. Sarah Churchwell's Family (Miller)

reformneeded - 4/5/2010 12:34 PM
0 Votes
I am deeply saddened that Dr. Harb will not longer practice medicine. He saved my daughter's life - she is now 12 years old. Kern County has lost a dedicated doctor. Bakersfield City should pay millions to this man. He earned alot of money and had many years left to work.

I READS ALOT - 4/4/2010 10:58 PM
0 Votes
I have a comment..my pregnant sister got in an auto accident downtown recently and she thought an ambulance was on the way but they never showed. The fire fighters never even asked if she wanted to go to the hospital. They assumed because she was able to get out the car that she was ok. She went by herself with another family member but she was stunned that an ambulance never showed up.

DarthDuh - 4/4/2010 9:21 AM
0 Votes
I think at least BPD is liable. They made the wrong judgement and now the man is partially paralyzed and cannot work. I would definately go for medical expenses, lost income, and punitive damage. Ignorance is no excuse. Maybe this lawsuite will lead BPD to provide better training on the matter. I'm not sure its the officer's fault, but it does fall on the department to provide comprehensive training. Did the officer even administer a breathalizer test? Would this have cleared the matter up? I can't judge what did or didn't happen once EMT's got there since I am not in the medical field.

mommy78 - 4/3/2010 3:36 PM
0 Votes
rvlady you are a moron get a job ........ and he was a great dr. so sad to hear this happend to him . they should sue . and make it puplic .........

joanloreen - 4/3/2010 12:28 PM
0 Votes
First let me say how sorry I am for the family. And I hope they win their case. Police officers should have training in this field & the ambulance company should have did their job. No wrong-doing, you got to be kidding.

RVLADY - 4/3/2010 9:59 AM
0 Votes
that dr did have emerency response. They are not DR's. He had all systoms of being drunk. I believe its a fact of another imadrate wanting money so sue
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