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View Diary: Michigan doctor arrested for purposely misdiagnosing cancer (299 comments)

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  •  How about (13+ / 0-)

    20 years per patient he has wronged?  Sounds more equitable to me.

    I am not religious, and did NOT say I enjoyed sects.

    by trumpeter on Wed Aug 07, 2013 at 02:15:08 PM PDT

    [ Parent ]

    •  ... (6+ / 0-)

      Seems to me his patients could individually attempt to get him prosecuted for assault and battery for each sham/inappropriate treatment, which is what he has done.

      $25 million is a lot of office visits...

      •  plenty of assets (2+ / 0-)
        Recommended by:
        Creosote, Sailorben

        to attack with civil suits assault, battery, pain, suffering, you name it.

        •  You forgot wrongful death (0+ / 0-)

          A friend of mine posted yesterday that his father died of complications from chemotherapy prescribed and administered by this scumbag.

          if convicted, this guy should die in prison. And as a former defense lawyer, it takes a lot for me to say that.

          "Unseen, in the background, Fate was quietly slipping the lead into the boxing glove." P.G. Wodehouse

          by gsbadj on Thu Aug 08, 2013 at 01:01:57 PM PDT

          [ Parent ]

      •  So, this is a federal charge; the state could also (3+ / 0-)
        Recommended by:
        misslegalbeagle, Sailorben, eyesoars

        bring those charges.  The feds are rarely positioned to bring plain'ole assault charges in federal court; that's usually but not always a province of state law.  I am not an expert on federal criminal jurisdiction and I will not pontificate on whether one of the many exceptions applies here.

        It's also important to note that you can only keep a jury's attention for so long; charge someone with 200 counts, even if they committed 200 crimes, and you may not get a very high-quality or sensical verdict back, particularly with the challenging federal verdict forms.

        So, I'd love to see those kinds of charges, but they probably need to come from the state.

        "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

        by auron renouille on Wed Aug 07, 2013 at 08:32:58 PM PDT

        [ Parent ]

      •  But if the jurisdiction had "tort (3+ / 0-)
        Recommended by:
        trumpeter, Cassandra Waites, gsbadj

        reform" they are SOL.

        That's why tort reform is so bad for patients and so good for evil and just sloppy doctors.

        I'm asking you to believe. Not in my ability to bring about real change in Washington ... *I'm asking you to believe in yours.* Barack Obama

        by samddobermann on Thu Aug 08, 2013 at 05:19:56 AM PDT

        [ Parent ]

        •  Pure Michigan (1+ / 0-)
          Recommended by:
          Eyesbright

          Of course, Michigan has "tort reform." Would you expect anything less from the same people that gave us right-to-work?

          The state’s original reforms, enacted in 1994, included a certificate of merit for all complaints and a $280,000 noneconomic damages cap, among other rules. However, since then, the statutes underwent various interpretations by the courts, and certain loopholes were introduced, Ford said. For example, jury award calculations that included future damages were improperly weighted toward plaintiffs, he said.

          The 2013 law requires a fairer formula for calculating future damages, Ford said. The reforms also limit the time frame a party can sue on behalf of a deceased patient and bans prejudgment interest and attorney fees incurred before a judgment is issued. In addition, the law clarifies that loss of household, companionship and consortium are considered noneconomic damages and subject to the state’s liability cap.

          “The passage of this legislation is a tremendous win for Michigan’s physicians, as it mitigates the need to practice defensive medicine,” said Richard E. Anderson, MD, chair and CEO of The Doctors Company. The Doctors Company, a physician-owned liability insurer in Napa, Calif., advocated for the Michigan reform package.

          http://www.amednews.com/...

          "Unseen, in the background, Fate was quietly slipping the lead into the boxing glove." P.G. Wodehouse

          by gsbadj on Thu Aug 08, 2013 at 01:06:01 PM PDT

          [ Parent ]

      •  I agree... the worst kind of betrayal. (0+ / 0-)

        I was diagnosed with a tiny dot of lung cancer last fall, and underwent a partial lobectomy of my right lung. Not. Fun. At. All. At no point was chemo or radiation suggested or recommended which has left me suspicious - 'cause this guy is hardly the greediest of the greedy - many doctors and clinics over-bill and over-treat. Knowing how horrific the side effects can be, I know I'd be hell-bent on some serious retribution. But I'm oddly ambivalent about an appropriate punishment since getting like-treatment would be unconstitutional (as cruel and unusual) except in capital cases carrying a possible sentence of death.  Putting him to work as a prison medic seems the only logical outcome. Let him deal 24/7/365 with the population most apt to have been under-insured and under-treated and overly-neglected while outside the fences.

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