Tuesday, September 19, 20066
The ER wait as murder case
Apparently a jury opined that this should be in criminal versus civil court:
The jury came back with a finding that the emergency room provided "a gross deviation from the standard of care that a reasonable person would exercise in the situation. We the jury believe the matter of her death to be a homicide."This is causing some confusion, as there is no such charge as "negligent homicide". (via Medpundit)
Comments
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Jason Sellers
That ER totally deserves 5-10 years in a federal penitentiary. Hopefully that'll teach it not to be so homicidal.
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lawyersux
I'm starting to load up on Marlboro cigarettes right now so I have somethig to trade for "protection" while i'm in prison. To think of some of the shit I got away with in my teens and now I could go to the polky for not treating a heart atttack fast enough!
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doc-AC
I was under the impression that society had a deal with doctors that were never *criminally* responsible for deaths under their care.
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CJD
"I was under the impression that society had a deal with doctors that were never *criminally* responsible for deaths under their care."
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lawyersux
Besides, if you take their license, it's one less target to sue for milions.
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anonymous
I would shut that ER down. We all know that there is a gross overcapicity of emergency care available and that it is in the public interest to decrease the supply. That is why this happened in the first place. Those docs were probably sound asleep there was so little business at that ER.
Post a Comment11:20 AM
2:33 PM
Is it not generally agreed that someone of total incompetance would simply have their license taken away and not be able to practice anymore?
Also, I'm a doctor, not a lawyer, but I thought that malice was a requirement of murder, whereas gross negligence would fall under manslaughter.
2:39 PM
If doctors had their way, you would be correct. You would not be able to hold them either criminally or civilly liable for their care or lack thereof.
"Is it not generally agreed that someone of total incompetance would simply have their license taken away and not be able to practice anymore?"
Not at all. It's pretty hard to take their license.
9:54 PM
6:21 AM
12:55 PM