Prevetable death? from a Qc MD

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Tim,
As one of those USA members, I can only say Thank you, thank you, thank you!!
I am glad to see that I am not the only one on the list that puts patients before "jurist prudence" - an intentional slip.....you are perfectly correct in assuming that one would be prosecuted for NOT trying when one had the ability to do so.  But much more importantly, as I said earlier, "you have the ability to save the patient and you don't, and the patient dies, could you ever look in the mirror again?"
Take care,
Ron
-----Original Message-----
From: trauma-list-bounces at trauma.org [mailto:trauma-list-bounces at trauma.org] On Behalf Of Dr Timothy Hardcastle
Sent: Friday, March 27, 2009 3:12 PM
To: Trauma & Critical Care mailing list
Subject: RE: Prevetable death? from a Qc MD

Guys

It is time to stop putting lawyers before patients and then having
patients die because we are too scared to do anything.

Sanjay and the rest of the USA members: in the rest of the world the law
is less of an issue and in  terms of the vicarious liability laws in most
African countries, you would more likely be prosecuted for NOT trying -
especially where specialists are a luxury!

Cheers
Tim
Dr T C Hardcastle
M.B., Ch.B. (Stell); M. Med. (Chir) (Stell); FCS (SA)
Principal Specialist Trauma Surgeon /
Honorary Lecturer University of KwaZulu-Natal Dept Surgery
Deputy Director - IALCH Trauma Service
Durban - South Africa
>
> If your provisional diagnosis is wrong, and even if it is right, but the
> patient doesn't do well for whatever reason, the operating (non-neuro)
> surgeon will get ripped apart in the court by the plaintiff's lawyer and
> by the expert panel and the jury and, in addition, will in all probability
> lose his / her license.
>
> I mean, this will be an open and shut case with at least 5 million dollars
> damages.  Well at least the surgeon would have been able to assure that
> the victim's family gets to live a good life, even if the patient died.
>
> If there are any attorney's on the list or any trauma surgeons with
> interest in the legal aspect of trauma, I would really like to have their
> input and
>
> Finally - - -
>
> I will follow your lead Pret - and will shut up now.
>
>
>
> Sanjay Gupta


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