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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!swrinde!gatech!asuvax!ennews!telesys!wierius!witsend!dcs
- Message-ID: <765346d7134437t230@witsend.uucp>
- Date: Saturday, 2 January 1993 19:43:21 MST
- X-Mailer: TMail version 1.15R
- From: "D. C. Sessions" <dcs@witsend.tnet.com>
- Organization: Nobody but me -- really
- References: <1992Dec31.145255.3618@mnemosyne.cs.du.edu> <765343d4749132t222@witsend.uucp> <1993Jan1.233012.9512@mnemosyne.cs.du.edu>
- Subject: Re: False Analogies (was: A few facts about circumcision)
- Newsgroups: misc.kids
- Distribution: world
- Lines: 38
-
- In <1993Jan1.233012.9512@mnemosyne.cs.du.edu>, jcopelan@nyx.cs.du.edu (The One and Only) wrote:
- #
- # In article <765343d4749132t222@witsend.uucp> "D. C. Sessions" <dcs@witsend.tnet.com> writes:
- # >In <1992Dec31.145255.3618@mnemosyne.cs.du.edu>, jcopelan@nyx.cs.du.edu (The One and Only) wrote:
- # ># What basis do you use to justify making this decision for the infant? In
- # ># answering this question, I would caution you not to use false analogies
- # ># like comparing the circumcision decision to immunizations or any other
- # ># decision that parents make for children. With circumcision we are talking
- # ># about a medically unnecessary procedure, that if done to an unconsenting
- # ># adult would result in legal action against those involved.
- # >
- # > Since you bring up false analogies, please note that you can get sued
- # > for ANY medical procedure performed on an unconsenting adult. In
- # > fact, you can get sued for just about ANYTHING you do to an
- # > unconsenting adult. For instance: feeding, bathing, dressing,
- # > immunizing, putting to bed at night, involuntary confinement, ...
- #
- # I would imagine that if a person were brought into an emergency room
- # unconscious and needing an injection to stay alive, there would be no problem
- # about not having consent.
-
- Nice try, but wrong again. Having some exposure to ER procedures, I
- can assure you that they sweat blood in cases like this. The big
- question is not "what does this person need," but "do we stand a
- greater risk of malpractice if we DO or if we DON'T?"
-
- Check the references. There's case law on both sides; either way
- you can lose. Basically, the patient (or estate) gets to
- second-guess your decision. There have been cases where the
- hospital was GUARANTEED to make the wrong guess, since the patient
- belonged to an anti-medicine sect but the family was dead-set
- against. (Treat the patient, he lives, HE sues; don't treat,
- he dies, THEY sue!)
-
- --- D. C. Sessions Speaking for myself ---
- --- Note new network address: dcs@witsend.tnet.com ---
- --- Author (and everything else!) of TMail (DOS mail/news shell) ---
-