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jberryhill

(62,444 posts)
Sun Sep 16, 2012, 04:26 AM Sep 2012

Which occupation best controls malpractice?

Some professions remain largely self-regulating:

The Constitution expressly grants a right to the services of only one of these professions


2 votes, 1 pass | Time left: Unlimited
Doctors
1 (50%)
Lawyers
1 (50%)
Clergy
0 (0%)
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Disclaimer: This is an Internet poll
25 replies = new reply since forum marked as read
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Which occupation best controls malpractice? (Original Post) jberryhill Sep 2012 OP
The government insures the right to exercise your religion. JDPriestly Sep 2012 #1
The government is not required to supply you a priest, though jberryhill Sep 2012 #3
You only get a lawyer in certain kinds of cases. JDPriestly Sep 2012 #10
Yes I understand that jberryhill Sep 2012 #11
While not constitutional, you are guaranteed a physician if you visit an ER - EMTALA law. cbayer Sep 2012 #15
But the First Amendment entitles you to freedom of religion which means it guarantees you the JDPriestly Sep 2012 #25
I am not sure what this post is trying to say? edhopper Sep 2012 #2
Sometimes a post is not trying to "say" but to "ask" jberryhill Sep 2012 #4
If you could define what you think clerical malpractice would be edhopper Sep 2012 #6
One easy target jberryhill Sep 2012 #12
I can see that edhopper Sep 2012 #14
Probably doctors, since the results of their errors are often immediate and fatal. dimbear Sep 2012 #5
Most of the malpractice cases against doctors happen to a few with Leontius Sep 2012 #7
Agreed. Certain specialties are very vulnerable. Obstetrics, for instance. dimbear Sep 2012 #8
Many suits are frivolous and getting sued is not a meaningful marker of one's practice. cbayer Sep 2012 #9
I'd like to see relative rates between doctors and lawyers jberryhill Sep 2012 #13
I think it might behoove you to do some actual research and bring the data back cbayer Sep 2012 #16
I think if you honestly read what I wrote jberryhill Sep 2012 #17
But this is a poll on what others assume and not really a request for data. cbayer Sep 2012 #18
Naw, I really don't know... jberryhill Sep 2012 #21
As it is most likely an apples to oranges to pineapples comparison, it may not cbayer Sep 2012 #23
Similarly, I get really annoyed when I raise a question or a point Fortinbras Armstrong Sep 2012 #19
Each state separately oversees it's medical licensure program, so it may be very hard cbayer Sep 2012 #20
You could look at clergy two ways jberryhill Sep 2012 #22
I think there is a lot of area in between those two. cbayer Sep 2012 #24

JDPriestly

(57,936 posts)
1. The government insures the right to exercise your religion.
Sun Sep 16, 2012, 08:21 AM
Sep 2012

It insures your right to a lawyer only if you are a qualified person accused in a criminal trial.

JDPriestly

(57,936 posts)
10. You only get a lawyer in certain kinds of cases.
Mon Sep 17, 2012, 12:14 AM
Sep 2012

You are, for example, not guaranteed a lawyer when you divorce or if you are sued.

 

jberryhill

(62,444 posts)
11. Yes I understand that
Mon Sep 17, 2012, 12:51 AM
Sep 2012

The point being, there are circumstances, written into the Comstitution, guaranteeing a right to the services of a lawyer.

There are no circumstances under which the Constitution guarantees the government to furnish you with a clergyman or a doctor.

JDPriestly

(57,936 posts)
25. But the First Amendment entitles you to freedom of religion which means it guarantees you the
Tue Sep 18, 2012, 02:48 PM
Sep 2012

right to have access to a pastor of your choice. Of course, the pastor has to be willing to serve as your pastor and may need money in exchange for that. But there are lay pastors who volunteer. You aren't guaranteed that the pastor will serve you, but you are guaranteed that you can have any pastor you want who will serve you.

Therefore I would say you have the right to a pastor.

You do not always have the right to be represented by a lawyer in court. For example, in the small claims courts where I live, litigants may not be represented by a lawyer with, perhaps, the exception of corporations.

edhopper

(33,483 posts)
2. I am not sure what this post is trying to say?
Sun Sep 16, 2012, 09:05 AM
Sep 2012

For an atheist like myself, all clergy are just talking about made up stuff. I don't know where the malpractice comes in.
If we are talking about con artists who rip off their congregation, that is one thing, if we are talking about how they lead their church or temple or mosque, where does malpractice come in?

 

jberryhill

(62,444 posts)
4. Sometimes a post is not trying to "say" but to "ask"
Sun Sep 16, 2012, 03:22 PM
Sep 2012

Law is "made up stuff" too.

Is there, or can there be, clerical malpractice?

edhopper

(33,483 posts)
6. If you could define what you think clerical malpractice would be
Sun Sep 16, 2012, 08:42 PM
Sep 2012

I'll let you know if I think it can be.

 

jberryhill

(62,444 posts)
12. One easy target
Mon Sep 17, 2012, 12:55 AM
Sep 2012

Would be those circumstances in which they were acting as an unlicensed psychological counselor, and holding them to the same standard of competence.

They could avoid liability by, for example, an affirmative duty to advise patients that they should consider the services of a licensed therapist.

edhopper

(33,483 posts)
14. I can see that
Mon Sep 17, 2012, 09:18 AM
Sep 2012

especially those (and there are more than we would care to admit0 who blame it on devils or demons.

dimbear

(6,271 posts)
5. Probably doctors, since the results of their errors are often immediate and fatal.
Sun Sep 16, 2012, 06:25 PM
Sep 2012

Lawyers and clergy are often insulated by the passage of decades while their clients rot in cells or quietly ponder suicide.

 

Leontius

(2,270 posts)
7. Most of the malpractice cases against doctors happen to a few with
Sun Sep 16, 2012, 08:54 PM
Sep 2012

multiple cases and they are rarely stopped from practicing by the licensing boards.

dimbear

(6,271 posts)
8. Agreed. Certain specialties are very vulnerable. Obstetrics, for instance.
Sun Sep 16, 2012, 09:00 PM
Sep 2012

Also varies a lot by geographical area as to how closely MDs are regulated.

cbayer

(146,218 posts)
9. Many suits are frivolous and getting sued is not a meaningful marker of one's practice.
Sun Sep 16, 2012, 09:34 PM
Sep 2012

Those that choose high risk practices are more likely to get sued, while those that take the safe routes are less likely.

Boards do revoke or suspend licensees all the time. Just look at any Board's newsletter and you can see the long list of those who have gotten into trouble.

While I think the self-policing of medicine is faulty and it is better done in some states than others, I think it is pretty effective. Hospital privileging committees are also effective in most cases.

At any rate, board actions against physicians are not rare.

 

jberryhill

(62,444 posts)
13. I'd like to see relative rates between doctors and lawyers
Mon Sep 17, 2012, 12:57 AM
Sep 2012

I may be biased, but it seems much easier to be disbarred than to lose a medical license.

That could just be my perception, though.

But getting defrocked? Hardly ever.

cbayer

(146,218 posts)
16. I think it might behoove you to do some actual research and bring the data back
Mon Sep 17, 2012, 10:17 AM
Sep 2012

if you want to seriously discuss this.

Are you basing your "getting defrocked" statement on a hunch? data? assumption?

You say you don't know the actual numbers for doctors and lawyers, so I question whether you know them for clergy.

Or did you set this up with a preconceived conclusion?

 

jberryhill

(62,444 posts)
17. I think if you honestly read what I wrote
Mon Sep 17, 2012, 11:03 AM
Sep 2012

Then it might occur to you that what I means by "I'd like to see" is that I do not know, and suggested "I'd like to see" as both an admission that I do not know, in the hope that perhaps someone else might.

If this type of a conversational device is unfamiliar to you, let's try an example:

Person 1 "I'd like to know the capital of New Hampshire. I could be wrong, but I'd guess it is Montplelier."

Person 2: "You should really find out the capital of New Hampshire before posting ."


In that example, Person 2 is chastising Person 1 for not having the correct answer when, in context, what Person 1 was doing was stating they did not know the capital of New Hampshire, and proposing a guess.

Person 1's statement is intended to invite discussion of what may or may not be the capital of New Hampshire, and most certainly cannot be understood as any kind of definite statement asserting its identity.

cbayer

(146,218 posts)
18. But this is a poll on what others assume and not really a request for data.
Mon Sep 17, 2012, 11:17 AM
Sep 2012

All I can figure is that you put it in this group because you had already assumed the answer (lawyers better than doctors better than clergy) and you wanted some kind of support for that.

At any rate, no one appears to know, though I am sure the data is out there somewhere.

Good luck with your quest.

 

jberryhill

(62,444 posts)
21. Naw, I really don't know...
Mon Sep 17, 2012, 01:06 PM
Sep 2012

And what the rates mean in terms of "better" is a tossup.

If a higher percentage of lawyers are disbarred than doctors de-licensed, then I still wouldn't know what it means in terms of effectiveness of enforcement. Maybe fewer doctors are incompetent in the first place. That wouldn't surprise me either.

cbayer

(146,218 posts)
23. As it is most likely an apples to oranges to pineapples comparison, it may not
Mon Sep 17, 2012, 02:13 PM
Sep 2012

be possible to make any valid comparison.

I don't know about lawyers, but sanctioned physicians often have many options open to them. Those that have developed issues with substance abuse can, and often are, routed into treatment programs and longer term monitoring programs. Those who are simply incompetent in some area may have the opportunity for retraining and supervision.

Fortinbras Armstrong

(4,473 posts)
19. Similarly, I get really annoyed when I raise a question or a point
Mon Sep 17, 2012, 11:33 AM
Sep 2012

And people respond to my post, but do not respond to my question or my point. This has happened to me twice on DU. What makes it particularly infuriating is that each time someone has said that they have answered me, while in fact they have not.

For medical malpractice statistics in Washington State, see the 2011 Medical Malpractice Annual Report. I had trouble finding national figures, the National Bureau of Economic Research, which I would have thought would be useful, is not.

cbayer

(146,218 posts)
20. Each state separately oversees it's medical licensure program, so it may be very hard
Mon Sep 17, 2012, 11:54 AM
Sep 2012

to get cumulative data.

Does the ABA oversee lawyers in all states?

And there is no equivalent for either method among the clergy. You can get a *license* to be a *minister* on line for $50. It is, of course, entirely bogus.

 

jberryhill

(62,444 posts)
22. You could look at clergy two ways
Mon Sep 17, 2012, 01:07 PM
Sep 2012

1. Incidence of denomination-affiliated clergy being drummed out of their denomination, or

2. Incidence of them being arrested snorting blow off of a hooker's backside in hotel raids.

cbayer

(146,218 posts)
24. I think there is a lot of area in between those two.
Mon Sep 17, 2012, 02:16 PM
Sep 2012

Abuse of power being one and mishandling of finances another. Are there denominations that provide remedial options for those that stray? Some do, some don't, I would suppose.

The Catholic church did an abysmal job of identifying, treating and/or dismissing those who were committing heinous acts while wearing the cloth, but I don't know about other denominations.

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