Friday, December 22, 2006

As Shakespeare Said*





Dr Dork is irate.





Livid, even.




This case from the UK is one of the most ridiculous examples of tort law he has ever seen.

The anaesthetist in question is penalised for providing the advice that quitting smoking would prolong this persons lifespan. This is true. This is an attempt to act in the patients best interest. This is trying to do good, when it is easier to say nothing - to the belligerent patient in comfortable denial, regarding the ramifications of their habits upon their health.

Perhaps if the baby in question were premature, it could sue its mother for smoking throughout the pregnancy?




*"The first thing we must do, is kill all the lawyers". Dick the Butcher; King Henry VI, Shakespeare.

Despite popular interpretation as the first derogatory lawyer joke, in the context of Henry VI it is rather complimentary. Perhaps.

9 comments:

Health Psych said...

Beyond belief. I hope the anaesthetist launches a successful appeal.

Shiny Happy Person said...

Ugh, what a scumbag. I am alarmed at myself for agreeing with the Daily Mail. I think I should be shot in case it ever happens again.

Severe PND because she was "told off?" Pur-LEASE!

Margaret Polaneczky, MD (aka TBTAM) said...

Incredible. I thought things were bad here in the good old USA, seems the are just as bad in the UK.

dribear said...

before you know it docs will be sued for suggesting a patient lose weight. Oh wait, thats all ready happened too! I feel helpless.

Ex Utero said...

This one should be file under to vile to allow to live. Definitely a case, win or lose, where the lawyer deserves to win a Darwin award.

Dr Dork said...

I concur wholeheartedly with all - utterly ridiculous.

I agree, Dr Ibear...damned if you do, damned if you don't. I wouldn't be surprised if a doc was successfully sued by a patient after a stroke or AMI...for NOT giving advice to stop smoking 25 years prior.

Dork

Nikeroo said...

This case seems a little out of line however anaesthetists are not ALL angels though when it comes to sensitivity. I had one once in China that commented to colleagues that I was a good example of a "D-cup". It was his recovery from the double wammy of overestimating out-loud my weight. Hmmm... I was pretty furious!

Adrian said...

The question is not that it can be done, but that it should be done. Lawyers need to think of that, and choose cases with integrity (lawyers with integrity, not cases). But they don't, and won't, because there is always profit from exploitation.

haha, lawyers with integrity.

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