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Re: Malpractice vs. Mistake~Drs. and Andrea.....

From: Robin (anonymous@obgyn.net)
Mon, 31 Jan 2000 16:27:20 -0600 (CST)

At Mon, 31 Jan 2000, anonymous@obgyn.net wrote: >
>>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

Andrea,

Dr. McIntosh gave an excellent example...here's another one....what about the Dr. in NY that carved his initials, "AZ" into the belly of a woman that he just preformed a C/S on. I would think that would definitely cross the line from malpractice to criminal liability, regardless of his excuse of a "frontal lobe disorder" of which I don't buy for a second, but that is just my opinion.

Docs, what are your thoughts....would that be considered criminal liability?? If y'all are uncomfortable with answering that one, I definitely understand! 

--
Robin


>
>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
>
>This is for educational purposes only, and is not intended to be replacement
>or substitute for consultation and examination by an appropriate medical
>professional.  Due to time constraints, private e-mails cannot be answered.
>



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