Re: Cyber meltdowns

From: Jay Vance (jay_at_vancedigitalDELETE.com)
Date: 02/26/05 

Date: Sat, 26 Feb 2005 07:42:48 -0700

"There's your right to take your case to court and have it heard by a jury.
That one is fundamental to our entire system of justice. It's part of the
due process clause of the Fourteenth Amendment. How comfortable would you
be in signing an agreement that no matter how badly a doctor screws up, no
matter whether you're killed or permanently disabled due to his ineptitude,
you and your family won't be allowed to file suit against him and will
settle for whatever amount an arbiter of his choosing decides is
appropriate, but not more than $250,000?"

I would if I trusted my doctor and/or I weighed the advantages against the
disadvantages and decided it was worth the risk.

"Why should medicine be a special case, unlike anything else where you have
the right to hold people responsible for their mistakes?"

I don't think medicine is a special case. I think all businesspeople should
have the right to require their customers to sign such a waiver if they want
to, and let the marketplace decide if that's a smart move or not.

"Would you sign away your right to sue a daycare facility in order to put
your child in daycare? Would you sign away your right to sue the
electrician who wires your house if you're electrocuted due to his mistakes?
Would you sign away your right to sue Goodyear if their tires blow out and
cause an accident that kills your family members?"

The answer to each question is the same: I would have to weigh the possible
risks against the benefits and decide on a case-by-case basis. Life is not
without risk. I simply do not buy into what I perceive as the victim
mentality of modern Americans, the idea that SOMEONE BESIDES ME HAS TO BE AT
FAULT every time something bad happens.

"More people die each year from medical mistakes than from auto accidents,
gunshot wounds and household accidents combined. Why should the fact that
the people making the mistakes are usually well-off financially and
influential in society insulate them from the consequences of their errors?"

In my opinion, how much money a doctor makes is irrelevant. As I've already
stated, I'm not advocating special privileges just for doctors; I'm saying
ALL businesspeople of any income level should have the same option.

Jay

Relevant Pages

  • Re: Cyber meltdowns
    ... >> the Constitution that specifically gives a person the right to sue ... > would you be in signing an agreement that no matter how badly a doctor ... > wires your house if you're electrocuted due to his mistakes? ... > household accidents combined. ...
    (sci.med.transcription)
  • Re: Cyber meltdowns
    ... > the Constitution that specifically gives a person the right to sue ... would you be in signing an agreement that no matter how badly a doctor ... wires your house if you're electrocuted due to his mistakes? ... household accidents combined. ...
    (sci.med.transcription)
  • Re: Kilikini Needs Our Help
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  • Re: 34,000 a year killed by hospital blunders.
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    (uk.legal)
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