N.H. Jury Awards $2.6 Million in Teen Overdose Malpractice Case
East News • June 28, 2005
A New Hampshire jury has awarded $2.6 million to the family of a teen who died after a massive aspirin overdose in 2001.
But it's not clear how much John and Gaie Mitchell will receive, because ...
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Subject: We have already drawn the line!
Posted On: June 28, 2005, 2:53 pm CDT
Posted By: Ross
Comment:
Joey:
But think through the logical extension of what you seem to be arguing. I raised these issues before and you did not respond. Are you arguing that the standard of care is determined by the circumstances that caused the injury or sickness? If I choose to exercise a lot and be in excellent physical condition am I entitled to receive a higher standard of care than someone who does not exercise and thus is in poor physical condition? Are you arguing that the health care provider owes a higher standard of care to the person who does not smoke than to one who does? A physician does not owe the same standard of care to someone who was injured when a tire on their car blew out while they were driving 50 MPH in a 35 zone as someone who had the same accident while driving 35? Is there a scale? Less duty at 65? More at 30?
The physician owes a duty to meet the standard of care regardless of the circumstances whereby the patient sustained his injury.
Subject: We have already drawn the line!
But think through the logical extension of what you seem to be arguing. I raised these issues before and you did not respond. Are you arguing that the standard of care is determined by the circumstances that caused the injury or sickness? If I choose to exercise a lot and be in excellent physical condition am I entitled to receive a higher standard of care than someone who does not exercise and thus is in poor physical condition? Are you arguing that the health care provider owes a higher standard of care to the person who does not smoke than to one who does? A physician does not owe the same standard of care to someone who was injured when a tire on their car blew out while they were driving 50 MPH in a 35 zone as someone who had the same accident while driving 35? Is there a scale? Less duty at 65? More at 30?
The physician owes a duty to meet the standard of care regardless of the circumstances whereby the patient sustained his injury.