Great idea about MALPRACTICE. Read this & WRITE CONGRESS !

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INeedAdvice

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DarkChild - That's a great idea. Not only should it limit the doctor's risk, but also the hosptial's risk...to further lessen the fear of a doctor to come forward (no employee wants to piss off their employer).

I think your idea would be good for the patients, the families, the doctors, and the entire medical system...to not make it so that doctors have to "hide" (if they are doing that at all) when any mistakes are made. Mistakes happen, but covering them up will only make it worse for everyone involved.

If people are interested, then go to the following website and copy and paste DarkChild's proposal below:
http://www.house.gov/WriteRep/

[paraphrasing DarkChild]
There should be some sort of tell-the-truth clause whereby if a doctor realizes that he's made a mistake, and informs the patient of the mistake, then the extent to how much he/his employer can be sued for is somehow reduced. The idea here is that maybe if doctors had some sort of protection from losing everything in a law suit, they would be more willing to step forward concerning their mistakes.
 
Originally posted by AznTrojan-MS
what about taking the 5th??

So your point being, while you do have to disclose what you did in a medical procedure, you should have to highlight your own mistakes? Hmm...I guess the 5th amendment could be applied that way.
 
although i'm not exactly the person you would want to ask for legal advice.. i was under the impression that the 5th allowed you to NOT implicate your own guilt..


Originally posted by Random Access
So your point being, while you do have to disclose what you did in a medical procedure, you should have to highlight your own mistakes? Hmm...I guess the 5th amendment could be applied that way.
 
Originally posted by AznTrojan-MS
although i'm not exactly the person you would want to ask for legal advice.. i was under the impression that the 5th allowed you to NOT implicate your own guilt..

Err...made a little typo... that should be "shouldn't have to highlight your own mistakes"...
 
The 5th amendment only applies to criminal trials, where the state has put you on trial. If a private citizen sues you for damages, I'm afraid you have to testify if they call you as a witness. Just ask O.J. Simpson.
 
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