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Re: Malpractice vs. Mistake

From: anonymous@obgyn.net
Mon, 31 Jan 2000 15:42:17 -0600 (CST)

>At Thu, 21 Jan 1999, AMD wrote:
>>And to add more fuel to the fire: When does malpractice cross the line
>>to criminal liability? Should a doctor be arrested and charged for
>>failing to provide appropriate care?
>>
>>Andrea

This is an interesting question. To my mind, the line is similar to the line that goes with any other human activity. For example, I am driving my car at night, in a blinding blizzard, creeping along at 5 miles per hour, carrying my sick child to the ER for attention, when I strike and injure a pedestrian. Am I am criminal? Of course not. But, let's change the scenario. It is broad daylight, I am talking on my cell phone on my way to the gym, driving 60 in a 40 zone, and I strike a pedestrian. I am negligent, but I am not criminally liable. Third scenario. I am drunk, or I aim for the pedestrian because he flipped me off. I have behaved in a criminal fashion, and I deserve criminal punishment. 

--
William D. McIntosh, MD, FACOG
Clarksville, TN


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