A criminal act in medicine is frequently considered a "cause of action": this refers to the set of facts or alleged faults that give rise to the claim for damages - this can include assault and battery, false imprisonment, defamation or injury to reputation, breach of contract, consent, negligence/malpractice/civil liability, fiduciary duty, or professional misstatement.
CONSENT: being 18 (in Ontario, age of majority is 19 BC, NB, NS, Newfoundland and Labrador) or older with a sound mind that can determine what can be done with his or her body, physician must obtain a valid and informed consent before any treatment is performed, the necessity to obtain consent is only void when there is imminent or serious danger to the life or health of the patient and it is necessary to proceed with the treatment of the patient (see case B. (R.) v. Children’s Aid Society of Metropolitan Toronto, 1992 CanLII 2831 (ON CA) involving blood transfusion with the child of a Jehovah’s Witness), compulsory sterilization
END-OF-LIFE DECISIONS: DNR orders (are not arbitrary in any context), assisted suicide, euthanasia, ethical factors and clinical judgement often collide with the wishes of the patient or their family members
OTHER IMPORTANT LEGISLATION: reporting someone unfit to drive, reporting child abuse, blood alcohol samples, mental health legislation, medical certificates, medical marijuana, firearms act (mentality), perscriptions
Four elements must be established or proven for any legal action based on a claim for negligence to be successful: 1) there must be a duty of care owed towards the patient, 2) there must be a breach of that duty of care, 3) the patient must have suffered some harm or injury, 4) the harm or injury must be directly related or caused by the breach of duty of care
http://www.cmpa-acpm.ca/cmpapd04/docs/resource_files/ml_guides/com_medico_handbook-e.cfm
Cults do get people killed!
ReplyDelete50 times as many men,women,children have been killed by the Watchtower society ban on *whole* blood transfusions than at Jonestown kool-aid mass murders.
Jehovah's Witnesses *blood transfusion confusion*.
In 2012 God's will and scripture got nothing to do with the Jehovah's Witnesses position on use of blood products.
It is 100 percent what will play out in a secular court of law as to the parent Watchtower being held liable for deaths.
Most Jehovah's Witnesses rushed to the ER with massive blood loss will scream NO BLOOD right up to their last breath,The shocker is they can NOW have most of the blood components that will pull them through,but they are so indoctrinated that blood is forbidden that they can't comprehend the loopholes.
The Watchtower has drilled and grilled us that our STAND ON BLOOD IS NON NEGOTIABLE.
The loopholes that allow blood usage is to save the Watchtower corporation money from blood death liability suits.
This is a truly evil organization that would sacrifice tens of thousands of men,women,children for the almighty dollar.
The blood products ban has been in force since 1945 the buzz today about it being a *personal conscience matter* and the hope of new medical advances like artificial blood don't undo all those who have past perished.
The New York city based Watchtower sect is concerned foremost with liability lawsuits for wrongful death.They know that if they repeal the ban on *whole* blood transfusion,that it will open the door for legal examination of all the thousands who have died since 1945.
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Danny Haszard FMI dannyhaszard(dot)com *tell the truth don't be afraid*
If I were a physician I wouldn't want to come anywhere near a patient who was one of Jehovah's witnesses. Everyone makes mistakes...even Jehovah's witnesses..., then if a mistake is made the Jehovah's witness patient forbids the physician to use procedures he knows are required to save the patients life. Then, if the patient dies, refusing the treatment, the physician is sued and maybe hisher career is ruined. No win situation for the medical profession
ReplyDeleteThis is actually just some reseach that I am doing for a term paper and presentation, thank you very much for your imputs though. The project is on Criminal Law in Medicine, if there is anything I need to add don't hesitate in telling me.
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