View Full Version : Tell me what you think!
03-14-2011, 11:18 AM
Tell me what you think about this, and how it would apply to pressing charges against a doctor for manslaughter.
"Declare the past, diagnose the present, foretell the future; practice these acts. As to diseases, make a habit of two things — to help, or at least to do no harm."
All thoughts are appreciated.
03-14-2011, 11:27 AM
What do you think about this?
Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.
It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako).
03-14-2011, 11:37 AM
United States lawIn jurisdictions such as Pennsylvania, if a person is so reckless as to "manifest extreme indifference to human life", the defendant may be guilty of aggravated assault as well as of involuntary manslaughter.
In many jurisdictions such as California, malice may be found if gross negligence amounts to willful or depraved indifference to human life. In such a case, the wrongdoer may be guilty of second degree murder.
I am asking, because I want to know what people think, because, I want to make this doctor accountable for what he didn't do, which caused my kids to lose their dad, and me, my husband whom I loved more than life itself. So, maybe, I can press charges against him. I want him to acknowedge my loss. I can't move on while he got away with this. He never took his Blood pressure and he left me holding the bag, I couldn't save him.
Any lawyers reading this?
03-16-2011, 09:42 AM
Just curious here, how many people would press charges against a doctor who did what he did? Short brief:
My husband went there first time for a reading of a high blood pressure at work. He worked in the field. He was told to see his physician. He did. He took it there first time. Then, didn't take it again for 11 years. It was still high. Then, he died a bit after. By the time, I connected the dots, it was too close to the statutes and no lawyer would take it, although, all said, they would had if I came a year earlier.
I tried to make a law, making it mandatory that all physicians must take all the vitals. But the Washington Lawyers, declared that most physicians take the BP and won't pass it, not yet, anyways.
This physician only did, his height and weight, he was a thin/normal weight man, and his temp, he never had a fever. He was constantly, there, for an eye problem. He was revamping the machinery at that time for a major newspaper and thought it was from the ink and fibers in the air. The doctor put him on sodium drops for years. It probably was from high blood pressure, the eye problem. This is his cause of death, his heart was 2.5 times bigger than normal, and weighed 560 grams, and he had pulmonary edema.
Just curious to know, how many people would press charges against this man for criminal gross negliglence manslaughter. I might be able to seek justice in this manner and restitution for damages.
I lost not only the love of my life, the father of my kids, but, also, my credit, my health insurance, and was left holding the bag trying to save his life, and trying to keep life going here in this household. Including me, battling cancer 5 times.
As many times as my husband and I would discuss the chaos theory, I never thought my life would be so chaotic.
The District Attorney would prosecute with no fee for me.
Just curious how many people would press charges?
Maybe, think of it in these terms, if it was you, would you want your wife to press charges?
03-16-2011, 10:35 AM
If the DA thinks there is a case, maybe.
I can't imagine not taking BP.
I've had mine taken maybe fifty times in the last year alone.
It goes up and down a bit, sometimes it's like 110 over 75 or 80
Other times maybe 130 over 80
Depends on when I've had my coffee and what I'm worried about.
03-16-2011, 10:48 AM
I want to do the right thing. I want to do what is right for my husband. I know what he would do, if it was me. If he felt I died needlessly, he would fight it. It is just so hard. I want to do what is the right thing for everyone. Even the doctor who cost me everything in life. I liked his man. But, I loved my husband. I think of him, that night laying on our basement floor, and it breaks my heart. That night I will take with me when I leave this world. No one knows how hard I tried to save him, with pneumonia, and my ankle still hurting and wrapped up from cancer surgery. The sheer shock of finding him, calling for him, and having him not answer when he was such a polite man, and then, walking down a few steps to see his legs sticking out from the table. I thought at first he was joking. I flew down those stairs, and one look, I knew. This was needless. Blood pressure is part of the vitals everyone should take and yet, he didn't, his staff didn't and the silent killer got my husband. And, the anger and rage I am capable of feeling of the injustice is hard to deal with. I would rather have cancer over and over and over than this. It breaks my heart to press charges against someone I liked and trusted, but, he should had done what he was skilled and knew what to do. I need him someday to tell me why. I need to know why. I feel like in doing nothing I leave my husband down. I feel disloyal. If anyone could had ever loved another, I truly loved him.
03-16-2011, 11:24 AM
Cookie, if I recall correctly this happened a few years ago? I don't know how likely you could interest the DA in a criminal case.....it has to be pretty bad to rise to that level. They are still trying to pin something on Michael Jackson's doctor, and same for that blond bimbo's entourage.
For medical malpractice, there is a statute of limitations, so you need to act quickly if it is not already too late
03-16-2011, 12:03 PM
Too late for malpractice. But, I was alittle bit busy to find out in time what happened. But, no statute of limations anything that results in a death. The judge I had gone to had wished I had come earlier by a year, because he would had taken the case, he said, and I quote after seeing my husband's medical records: I would love to get this doctor. I noticed he had a scar running down his head down his neck, into his chest. This is where I would meet the DA. He likes me Jim. And, the gross negligence is so apparent on his records, I need not say a word. He died on my birthday, so it will be 6 years.
03-16-2011, 12:24 PM
I don't know why, but when I first saw this, it reminded me of me.
My husband and I was in the mountains, he was in the river swimming, when I saw a kid thrashing in the river water fighting against a strong undertow. I was yelling at my husband and pointing downward but he didn't understand. He was a strong swimmer. I ran into the water swimming out to the kid, it was getting harder and harder when I felt my husband tug on my pants and told me swim back. I was now half way across the river downward. I saw him grab the little boy and swam back with him.
On the beach, I saw him carrying him and he was lifeless in my husband's arms. I ran for the parents and back to my husband where he got the boy breathing again, and spitting out water.
I remember my husband looking at me saying, " you are not a good enough swimmer, why would you do that?"
I can't let anything happen to people. And, I am too old to change.
03-16-2011, 02:29 PM
There is no statute on murder, but there is probably no chance they would charge that. There may be a statute on manslaugher or negligent homicide. What we need is to find a lawyer who does his plumbing on the weekends, to come by and tell us what's up!
03-16-2011, 06:48 PM
I've talked with lawyers, and a judge, no statue on anything which leads to a death. That includes gross negligence manslaughter. Believe it or not, Jim, people have family who are lawyers, doctors and indian chiefs. Not all plumbers come from a family of plumbers. It is a big world out there, with a whole lot of people who care and some who could care less, I hope to hear from those who care.
Just for instance Jim, I found medical funding for a few plumbers here who needed treatments for either theirself or one, in particular for their daughter. Imagine, finding that on a plumber site, Jim! But, they did... A couple, I found scholarships for their kids. So, nothing strange in asking what I am asking at all. Even from a lawyer who does plumbing on the side on the weekends!
An open mind is all it takes and a desire to help or even to be kind. But, I do thank you Jim, for so far, you are the only one who reached a hand out, or probably voted an answer. All I am looking for is some feedback. It is a serious problem.
I forgot, Terry did too. Thank you, too, Terry.
You know as I tell people who judge me, I tell them the truth, what has happened me can easily happen to you. It is nothing more than the luck of the draw, and everyone's luck does run out.
What is wrong with this world is people need to care more. People can't even answer a vote here, on what they would do. I find that interesting. I have no way of knowing who voted what, nor do I care to know, I can assume the one vote, lol, but, it means nothing to me, other than to give me some feedback on what other's would do.
Still, that is too much to ask of people to do. Shame, shame. I really do hope & pray, that no one ever has to feel what I have had to in my life thus, far. I hope someday, my life will be better.
03-16-2011, 07:33 PM
Dog in Japan stays by the side of its ailing friend in the rubble - Yahoo! News
Dogs can sometimes do what people can't do, show compassion.
03-16-2011, 10:30 PM
Unless you have records from that doctor that specifically note that blood pressure was never taken, I think you are out of luck.
Remember that doctoring is still an art, prior to being a science. hard to prosecute an ignorant, bad artist.
Likely mispelled, but I think it was Plato in Latin: 'Artus longus, Vitus brevis' - Art is long and life is short. It was a VERY old and subtle insult to doctors. Doctors are like plumbers and painters, a few are great and most are imbeciles.
Let the buyer beware.
03-17-2011, 07:03 AM
Yep, got his medical records which are clear in that he never took the BP. Three columns, 1. Ht & Wt... that was filled in everytime; 2. Column, was for the BP, which was just a dash mark; 3.Column, this temp, again, filled in everytime. They weighed a tall skinny man and took his temp, but with regards to his Blood Pressure, they did it, the first initial visit as to why he was there; and, not again until, 11 years later. He was there all the time for an eye problem.
Thank you for responding.
03-21-2011, 11:41 AM
Well, it has taken me a while to make a decision since, it is an important one. But, I am meeting with the DA. Got the paperwork. It was really nice of everyone to take an interest.