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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?

To: Lady Lurksalot who wrote (80869)	7/8/2004 7:00:05 PM
From: one_less	Read Replies (1) \| Respond to of 82486

"to protect the medical professional against the patient Not true, it protects both. As in the current scenario. The widower has no case. If there were a legal sign off requirement he would have a case by proving that sign off had not occurred. You have been arguing that the Dr should have to prove he provided information. Isn't that the assumption of a legal requirement based on common standards of practice? How does he prove it without meeting Rached's criteria? Is that a legal standard or not? If it is then use it in court ... no sign off equals mal-practice. I think you would lose, because you still haven't convinced me it is a professional standard. "As for the patients who are retarded or of limited intellect, if it can be shown that they are incapable of comprehension, anything they sign would be invalid. In extreme cases, a court-appointed guardian would be assigned. - Holly" Well, most are capable of comprehension (IQ 45 - 85). But they may have other issues like low self confidence. So, they do what ever they are told. It is a complicated issue.

To: Lady Lurksalot who wrote (80869)	7/8/2004 7:36:40 PM
From: TimF	Read Replies (1) \| Respond to of 82486

again all of this is done to protect the medical professional against the patient, not the other way around. It is to the medical professional's advantage to institute such signoffs I'm sure it is, but it isn't to their advantage to consider the lack of such a signoff to be evidence that the patient was not informed. And if the lack of the signoff is not considered evidence then the plaintiff in this case has no evidence. If the plaintiff has no evidence then the case should be dismissed. Tim