Quote: (08-20-2017 12:45 AM)DarkTriad Wrote:
Quote: (08-19-2017 03:32 AM)Sp5 Wrote:
Nobody on this forum can know what the truth of the matter is.
First, only getting one side of the story.
Second, that side of the story does not have medical expertise. Can be inferred that the physician with years of training felt strongly the treatment was required for the safety, life and limbs of the girl.
After a 7 hours of declining to do anything, it can certainly be inferred that the medical personnel didn't believe it was serious or urgent.
Or it could be that there was a failure of the triage system, making the hospital panic even more at the potential lawsuit about to bury them.
Like I said, I don't know what the other side of the story is, but possibly this is a case of failed triage leading to delayed diagnosis of a serious emergency leading to a case of miscommunication leading to a potentially damaging lawsuit against the doctor/hospital leading to drastic countermeasures to nuke the parents so that any negligence will be on them instead of the hospital.
I think the problem is that in countries that have inherited the British legal system, there remains a vestige of the legal idea from the 1700's that the moment you seek a doctor, your body becomes the doctor's responsibility. Strictly speaking, your body no longer belongs to you, it belongs to your doctor. While most legal systems have added a degree of patient autonomy and choice, when it comes to children, the doctor is still seen as legally 'owning' a child's body as soon as parents consult with them, and therefore anything harmful that occurs to the child is the doctor's responsibility, technically, since the child becomes the doctor's child and not the parent's child as soon as medical attention is sought. (So for example, a doctor is negligent if he hands a child back to a parent who is known to physically abuse the child, for instance. This is because the doctor is now responsible for the child's wellbeing and can only hand the child back to a parent if there is reason to believe the child's wellbeing will not be compromised.)
I'm not sure of the nuances of the medical law in the area where the above circumstances occurred, but I'm guessing the parents did not properly give the doctor a chance to divest himself of his legal responsibilities. I suspect the parents may have just picked up the child and left without formally discharging themselves or referring themselves to another doctor, leaving the doctor in the ER still legally responsible for the child.
So I personally don't blame the doctor too much. I'd probably do the same thing. Why should I suffer a law suit if I can just turn the tables on the parents? Legally speaking, the doctor was still responsible for that child even though the parents took him home, and the doctor was still on the hook for a lawsuit even though the parents left.
But in general, the moment you seek a doctor's attention for your child, local laws may dramatically limit your parental rights, because by seeking a doctor's attention you imply that you are willing to give up certain rights as a parent and hand them over to a doctor.
That's not to say that what happened is ethically right or just, but a doctor operates within a legal framework and considerations of rightness or justice are secondary to the obligations of the law.
Disclaimer: this post is based on my understanding of my local laws, and may not be applicable to the actual case presented, depending on the laws applicable. This post is presented more as food for thought than anything else, take it for what it is.