Well, for one the law doesn't actually the dif...

2009-12-17T21:37:20.440-05:00

Well, for one the law doesn't actually the differentiate between "gross negligence", "error of judgement", "accident" and "recklessness". So what you might perceive as careless action might be perceived by the medical community as a sincere and reasonable course of action given the circumstances and when considered in relation to the risks of alternative approaches...

It's kind of like the use of force by police. What you might feel is excessive, might be considered fair and reasonable in light of the guidelines established by the department governing officer conduct, etc etc

Liver transplants and heart and brain surgeries are inherently more complex, difficult and risky than delivering a pizza...I think we'd have a lot less doctors in the world, if every time a doctor entered the operating room she risked everything she owned and worked. Consider an emergency surgery. You don't have time to do a battery of diagnostic tests, so you don't even have a clear picture of what kind of trauma you might find inside that patient. Would you even want to step into that room? Is the patient better off if the doctor is so risk adverse that he doesn't try some desperate measure in an emergency situation that might save a life, because of concern how any unfortunate consequences maybe perceived in hindsight? A doctor must sometimes choose between several courses of action, each with their own set of risks and challenges, often while having less than a total omniscient point-of-view on the circumstances. Does a truck driver face these sames kinds of challenges and responsibilities on the job everyday?

Comments on legalsmeegal: Tort Reform: Why The Special Treatment for the Bu...

Well, for one the law doesn't actually the dif...