WOMENS-HEALTH Messages for January, 2000: Re: Malpractice vs. Mistake~Drs. and Andrea

Re: Malpractice vs. Mistake~Drs. and Andrea

From: Robin (anonymous@obgyn.net)
Mon, 31 Jan 2000 17:28:15 -0600 (CST)

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Andrea and Drs....

I posted this a while ago, but it never showed up, so I am trying again....

Andrea asked what crosses the line between malpractice and criminal negligence.

Dr. McIntosh gave an excellent example, but wouldn't you say that the Dr. in NY that "allegedly" carved his initials into the belly of a woman that he just completed a c/s on is considered criminal negligence?? Actually, he did admit to doing this act, so it isn't "allegedly". He claimed that he has a "frontal lobe disorder" that was found AFTER this act was the cause of his actions, but I for one don't believe that...but who am I to say.....I'm not a Dr.

Drs....what are your thoughts. Is what the NY Dr. being charged with considered criminal negligence? Or, is it under the guidelines of Malpractice? I understand if this is a subject you would rather not discuss.

--
Robin

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
>
>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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