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14395 messages, Last post on Nov 30, 2009 at 6:19 PM
You are in the Automotive News & Views Forum. Your Hosts are steve_ & claires
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Replying to: steve_ (Dec 29, 2008 12:45 pm) What may be interesting is will the judge charge the jury as to what is "recklessness" within the scope of the samartian's duty of due care as a "reasonable and prudent" helper at accident scenes? This may start the maze of appeals and SC of Cal future decisions. As my British friend used to say, " a sticky wicket". I remember an insane man ran across the IS 80 freeway and got his leg knocked off at about midnight. He said later he was trying to commit suicide. I observed a RN, in full white uniform (and hat) who was going to work at a hospital in Oakland, who stopped to aid him. Indeed she kept him alive. She stopped the bleeding and was holding him with her body and arms, while they both sat in the center divider of IS 80. I stopped and assisted. When the ambulance arrived we loaded him into the ambulance and I picked up his severed leg, placed it in the ambulance, and at the hospital they put it back on and he walked again. Had this decision been in effect years ago, the question might be, was the RN reckless in rendering assistance, or was she a reasonable and prudent off duty pofessional in saving his life? I don't know. My guess is probably not, But this case may now rewrite the law ala by the jury in the lower court. What will happen the "good samertain" who stops but now decided not to assist out of fear of law suits? what a can of worms? At least to me, the Host's friend the RN makes a lot of sense to me. Especially if your are not acting in a profesional situation but as a private citizen. And that is JMO, a very sad thing to see. Please forgive my spelling as I was too busy to run a check. Good luck to all and may the new year be peaceful for you and your loved ones. jensad |
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Replying to: steve_ (Dec 29, 2008 12:45 pm) My sister, a medical doctor, won't even look towards the patient for fear of a lawsuit. Just the very act of evaluating a patient could expose you to a lawsuit if you are a medical professional.
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Replying to: snakeweasel (Dec 29, 2008 6:01 pm) Does her medical mal practice insurance cover her "errors and ommissions" ? Is there any liability for her picking and choosing?
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Replying to: euphonium (Dec 30, 2008 9:27 am) How would they know? Unless my sister announces herself as a doctor they wouldn't know. Does her medical mal practice insurance cover her "errors and ommissions" ? Not sure what her insurance covers but I know the cost is in the 6 figures. I know that some parts of this country it is almost impossible to get malpractice insurance in certain fields. Is there any liability for her picking and choosing? Can't say, but it is something that is necessary in a world where people will sue at a drop of a hat, and plenty hats drop these days.
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Replying to: snakeweasel (Dec 30, 2008 5:54 pm) I know that if you are a qualified doctor or nurse then it is reckoned they have a liability if they do something wrong, even when off duty, though most medico's here are employed by the national health service so I would imagine basically they are covered by the insurance arrangements for that. When I was run over in the street years ago, a passing old lady, who turned out to have been a St.John's Ambulance Volunteer in WW2, stopped to help until the ambulance showed up - I wasn't critically injured, but she was brilliant and certainly helped me....Mind you, I suppose I would feel differently if she had broken my neck or something !
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Replying to: magnette (Jan 03, 2009 9:24 am)
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| Saw one of those car carriers (like you see delivering cars to a dealership) filled up with several different makes and models. The one thing they all had in common was that bright orange tow sticker plastered onto the drivers side window. | |
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Replying to: snakeweasel (Jan 03, 2009 9:29 am)
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Replying to: magnette (Jan 03, 2009 10:00 am) |
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Today I took the old car out on the highway, as it was dry this morning. I was on a 4 lane in each direction major highway, light traffic, second to right lane, maybe going 60-65 in a 60 (the flow of traffic). Not far ahead in the far right lane is a woman in a Corolla going maybe just under the limit. As I get close to her, she makes an abrupt lane change in front of me, and doesn't speed up. That lane did end about 8 miles ahead, maybe she was thinking of the future? Sometimes you just know how aware the driver is by their car. I passed her, and a couple minutes later she was so far behind me I couldn't really even see her, so she must have slowed down even more. Corolla! Later I was driving along a 35mph 4 lane suburban arterial, and I came up behind a dirty old Villager loafing along at about 25 in the left lane. I passed on the right, speeding up as I did so (probably not much more than 40) and by the time I completed the pass the guy was speeding up, and then tailgated me at 40 until he turned. I was really tempted to brake check him, but I suspect he had no insurance. Another new to the states driver too, I should add. |
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