Filing assault charges on medical professionals who makes mistakes

[Texashiker]

Example article, baby goes into hospital with fever. An IV is inserted. While removing the IV, a nurse uses scissors to cut the tape, and cuts one of the the babies fingers off.

http://www.foxnews.com/us/2012/03/28/mom-sues-hospital-after-nurse-allegedly-cuts-off-babys-finger/

When we go into a hospital, we expect to be poked and prodded. But we do not give medical professionals permission to abuse us.

Instead of suing the hospital, why aren't criminal charges filled against the nurses and doctors.

The first thing you might say is the doctor or nurse never "intended" to harm the patient. That is true, but someone who drinks and drives never expects to get into a car wreck.

 

[Londo_Jowo]

WTFO????

 

[Anubis]

mistakes happen, its NOT assault, medical insurance exists for this reason

 

[Hayabusa Rider]

It's crap like this that makes me glad I steered my kid away from health care. This is so ignorant at so many levels there isn't enough bad to say about. I will tell you one thing, if this should come to pass there will be NO healthcare.

 

[Texashiker]

This is so ignorant at so many levels there isn't enough bad to say about. I will tell you one thing, if this should come to pass there will be NO healthcare.

Why should medical professionals be held at a lower level of responsibility then other professionals?

If a cop accidentally shoots someone, the cop can be charged with a crime.

If a doctor accidentally gives the wrong medicine, its "oops, sorry about that".

~ EDIT ~

Sometimes engineers can have criminal charges filed on them.

http://en.wikiversity.org/wiki/Introduction_to_Electrical_Engineering

In cases where an engineer's work fails he or she may be subject to the tort of negligence and, in extreme cases, the charge of criminal negligence.

But for some reason filing criminal charges on a medical professional is a bad idea?

 

[Capt Caveman]

Example article, baby goes into hospital with fever. An IV is inserted. While removing the IV, a nurse uses scissors to cut the tape, and cuts one of the the babies fingers off.

http://www.foxnews.com/us/2012/03/28/mom-sues-hospital-after-nurse-allegedly-cuts-off-babys-finger/

When we go into a hospital, we expect to be poked and prodded. But we do not give medical professionals permission to abuse us.

Instead of suing the hospital, why aren't criminal charges filled against the nurses and doctors.

The first thing you might say is the doctor or nurse never "intended" to harm the patient. That is true, but someone who drinks and drives never expects to get into a car wreck.

Trolling hard this morning, I see.

 

[Braznor]

Doctors face far more unpredictable factors than engineers or lawyers.

Punishing doctors will paralyze treatment of patients. A delayed engineering project can be rebuilt or restored again, but medical patients have limited time compared to a bridge or highway,

 

[Texashiker]

Trolling hard this morning, I see.

No trolling.

Why are medical professionals given a free pass to accidentally kill or maim?

If an engineer makes a bad decision, people die, the engineer can be charged with a crime.

If a cop accidentally kills someone, the cop can be charged with a crime.

If a doctor accidentally kills someone, they pay a fine through a lawsuit.

Why aren't medical professionals held to the same legal standards as everyone else?

Punishing doctors will paralyze treatment of patients. ,

That is like saying "punishing police officers will paralyze law enforcement."

 

[OutHouse]

michaels jacksons doc is sitting in prison.

 

[monovillage]

No intent.

 

[Jaskalas]

Doctors face far more unpredictable factors than engineers or lawyers.

The case cited in the OP is clearly criminal. Where do you draw the line?

 

[woolfe9999]

No intent.

Yup, and in the rare case where there IS intent, they CAN be prosecuted. A plaintiff can also get punitive damages in civil court. Charging a crime when there is no intent is way over the top.

 

[Texashiker]

No intent.

As long as there was no intent, there is no crime?

Johnny goes to bar and has a little too much to drink
Johnny drives home
Johnny crosses middle line, hits car head on killing 3 people
Johnny never intended to kill anyone

Since there was no "intent", Johnny did nothing wrong?

Why should Johnny be held to a different level of responsibility then a doctor that prescribes the wrong drug and the patient dies? Or the nurse that reads the label wrong and the patient dies? Or the doctor that gives an infant an adult dose of a drug and the infant dies? Or the doctor removes the wrong kidney? Surely the doctor knows their right from left?

 

[Jaskalas]

Charging a crime when there is no intent is way over the top.

Why does manslaughter exist?

In this case a baby had their finger removed. Had NOTHING to do with the risks of medical procedures. Cut off by a pair of scissors when removing a simple IV.

 

[LurkerPrime]

When a doctor messes up, most people are just looking for a payday, and not looking to put thier doctor in jail. It is also usually limited to just one person at a time.

When an engineer messes up, then a building/bridge collapses and lots of people die. At that point the public is out for blood.

 

[rudder]

Why should medical professionals be held at a lower level of responsibility then other professionals?

If a doctor accidentally gives the wrong medicine, its "oops, sorry about that".

But for some reason filing criminal charges on a medical professional is a bad idea?

They are not held at a lower level of responsibility. The hospital will pay a lot for the nurse cutting off the babies finger. This was an accident. Now if there can be some sort of negligence proven... then sure bring on the charges. i.e., if the nurse had 4 margaritas for lunch immediately prior to resuming her duties at the hospital.

A got the wrong medicine from a pharmacy once. The pharmacist knew me, and handed me another person's prescription who happened to have the same name as me. But I fucking read the labels to make sure I know what I am taking... personal responsibility and stuff.

If a doctor gives the wrong medicine ... it is simply not oops, sorry... the doctor will face serious questions, potential lawsuits, and may have to defend keeping his license.

Criminal charges for every mistake? doctors would charge 5 times as much so they could maintain a safe house in a country without extradition treaties.

 

[piasabird]

For dismemberment all you can do is file a civil law suit. I dont know if I would tolerate something like that. I think I would ask for what it says in the Bible. An eye for an eye, and a finger for a finger. (Slightly Misquoted) Somehow we expect more from a nurse or a doctor. We pay them more, so we should expect more. Sadly not all people that work in a hospital are really trained like a nurse. Some have only taken one 6 hour course as a nurses aid.

As a parent that might require me to take someone out if I saw that happen to my child. I dont know if I could let something like this pass.

 

[piasabird]

A doctor doesnt kill people if they die due to their own disease. If you ask a doctor to operate when you have a brain tumor and you die, then you knew about that risk ahead of time. Anytime you get an operation there is an expectation of possible death. Lets get realistic. Just because a person dies under a doctor's care, it does not mean he had the intent to murder you.

 

[Texashiker]

Lets get realistic. Just because a person dies under a doctor's care, it does not mean he had the intent to murder you.

Like I asked with the drunk driver example, if there is no intent, there is no crime?

child finds gun,
child shoots and kills other child,
parent is charged with child abuse resulting in death and criminal negligence

http://denver.cbslocal.com/2011/12/23/father-charged-after-child-shoots-kills-another-child/

There was no intent for the child to find the gun.

Now lets say a doctor leaves a swab in a patient during surgery, infection sets in, patient dies.

Where is the difference?

 

[WelshBloke]

As long as there was no intent, there is no crime?

Johnny goes to bar and has a little too much to drink
Johnny drives home
Johnny crosses middle line, hits car head on killing 3 people
Johnny never intended to kill anyone

Since there was no "intent", Johnny did nothing wrong?

Why should Johnny be held to a different level of responsibility then a doctor that prescribes the wrong drug and the patient dies? Or the nurse that reads the label wrong and the patient dies? Or the doctor that gives an infant an adult dose of a drug and the infant dies? Or the doctor removes the wrong kidney? Surely the doctor knows their right from left?

There was intent to DUI.

 

[Texashiker]

There was intent to DUI.

So Johnny can be charged with driving under the influence, but not for killing 3 people?

Since there was no intent to kill 3 people, Johnny can not be charged in the deaths of those people?

 

[Genx87]

No trolling.

Why are medical professionals given a free pass to accidentally kill or maim?

If an engineer makes a bad decision, people die, the engineer can be charged with a crime.

If a cop accidentally kills someone, the cop can be charged with a crime.

If a doctor accidentally kills someone, they pay a fine through a lawsuit.

Why aren't medical professionals held to the same legal standards as everyone else?




That is like saying "punishing police officers will paralyze law enforcement."

Medical workers can be charged with a crime. There are plenty of cases of medical workers being charged and convicted in a criminal court for their actions.

Where did you get the idea medical workers are immune from prosecution?

 

[rudder]

As long as there was no intent, there is no crime?

Johnny goes to bar and has a little too much to drink
Johnny drives home
Johnny crosses middle line, hits car head on killing 3 people
Johnny never intended to kill anyone

Since there was no "intent", Johnny did nothing wrong?

So Johnny can be charged with driving under the influence, but not for killing 3 people?

Since there was no intent to kill 3 people, Johnny can not be charged in the deaths of those people?

This is vehicular manslaughter. Plus Johnny was DUI. Two crimes right there.

http://dictionary.law.com/Default.aspx?selected=2212

 

[shortylickens]

Instead of suing the hospital, why aren't criminal charges filled against the nurses and doctors.

As a general rule, the members act on behalf of the hospital and under their supervision & training. Anything that happens is ultimately the fault of the director or president.

Remember that when you see him chewing somebodies ass for a minor infraction.

 

[shortylickens]

As for the DUI issue, theres a reason manslaughter is separate from 1st and 2nd degree murder.