Re: Medical Necessity

[Guest guest]

But of course.....it's Phil!!!!

Great job on both e-mails...couldn't have said it better myself...

>Well Said Phil! Very well thought out and said. I wish I would have put

>that kind of cold logical thought into it. There's no way to argue with

>you. Great rationales. (I hope I spelled that right).

>

> LP

>

>Phil Reynolds wrote:

>

> > Gene - a few points need to be made in this scenario.

> >

> > First, the physician has no more authority to treat a

> > patient against his/her will than I do. Neither of us

> > is a police officer; we must abide by the patient's

> > wishes or risk prosecution for various and sundry

> > criminal offenses. You are the lawyer, therefore I

> > will let you elaborate on the specifics of

> > prosecution, but this is how I remember it from class.

> >

> > Second, even though I practice under a physican's

> > license, I don't believe he can order me to perform an

> > action that I know to be illegal. I am still

> > responsible for my own actions. " Following orders "

> > may be a defense, but I don't like it. I don't think

> > that defense helped the Nazis, did it?

> >

> > Third, and I don't mean to impune the reputations of

> > the many excellent physicians who may read this, I

> > have to ask myself this question: If a physician

> > orders me to transport a patient against the patient's

> > will, an action which I *know* to be illegal, what

> > kind of support is this physician going to give me

> > when we end up in court? What kind of support is my

> > agancy going to give me (I know the answer to this

> > one, by the way)?

> >

> > Fourth, somewhere there exists a record of every state

> > certification examination I have taken. I have missed

> > a few questions on these test over the years, but,

> > believe it or not, I don't think I have ever missed a

> > question in the " Roles and Responsibilities " subscale.

> > This means that a prosecutor can prove that I have

> > known for 16 years that my actions were blatantly

> > illegal, and I chose to take those actions anyway.

> >

> > And finally, if I choose to take the correct course of

> > action (let the patient out), I think my chances of

> > successfully defending myself against a physician are

> > much better than defending myself against a

> > prosecutor. I may not be able to keep my job, but I

> > think I stand a better chance of keeping my

> > certification by doing what's right

> >

> > And if, by chance, I lose my job over this incident,

> > the next legal action that involves me and this

> > physician will have me sitting at the Plaintiff's

> > table.

> >

> > stay safe - pr

> >

> > --- WEGandy@... wrote:

> > > Question based upon an actual case related to my by

> > > ex-students. Doctor

> > > ORDERED them to continue transport. What do you do

> > > then? It's your job on

> > > the line.

> > >

> > > GG

> > >

> > >

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