OCCOM BILL wrote:Conflicting opinions in Medicine means a Doctor has to make a judgment call. He, not the lawyers, not the mother, not the jury nor you or I is most qualified to make that judgment. That is his job. I want my Doctor to make his judgment based solely on what he knows about medicine
not fear of an opportunist scumbag. [..]
Edwards played this natural instinct for profit when he demonized a man of medicine [..] It is very easy to hold him up as the purveyor of justice, but it simply isn't true. Demonizing Doctors for not being omni-knowing is not a heroic feat. [..]
Common sense tells us that Medical Professionals are probably better equipped to judge the merit of medical procedures than lawyers and laymen, no?
Dude. I have witnessed a blatant case of medical neglect or two too many to invest the sacred trust you seem to want doctors to enjoy.
You want them to be left entirely free to practice their profession without having to fear any kind of court case about their "judgement calls". You consider the lawyers who got involved to have been some kind of scourge of medicine. You have a handy little characterisation template there - doctors good, "ambulance chasers" bad. Well, I say thats caricaturistically simplistic. Its not my experience.
Dont even think that doctors aren't as likely to also just be in it for the money as lawyers. It is one of the best-paying jobs around, after all. Many do herculean works, for sure. But many are also the stories of unbounded ego and inflated self-confidence. (Just ask nurses about the doctors they've worked with). And many are the stories of resulting "mishaps".
It is at least for a great part thanks to the oversight that's been put on their work through the opportunities for patients to sue, that the worst of the "I'm never wrong" mentality has been checked. In the past, Mr. Doctor was an authority that you would just not contest. That time is over, and that's a good thing, like a check on any previously uncontested authority is, all the more when it concerns life and death.
OCCOM BILL wrote:Edwards has proven himself that, and he's so smooth he even has intelligent people like you turning the blind eye to his greedy, self-serving, and detrimental-to-medicine past.
No, I'm not naively taken in. Certainly not by any purported "smoothness" on the part of Edwards - as I've said before, I like Edwards because of the issues he champions and the commitment to those issues he's shown since 2004 - it is exactly his personality and speaking style that
least convince me. Smooth? I've still only half-forgiven him for the miserable performance he gave in the '04 Veep debate.
No, that's not it. I've got real beef with your position here. In fact, almost every of your posts here has made me
more convinced that I was on to something here. I think that your reaction is over-emotional, and to a serious extent irrational - in some posts (though not in the last one), to my sensitivity, almost hysterical. (Yes, sorry.)
My beef is that they have kept handily ignoring two very basic matters.
First off - but this is actually the minor of the two points - when Edwards pursued these cases, your own quotes show, the medical profession was split on the validity of the theory at hand. He did not pursue some bald-faced lie at the cost of innocent doctors - he did not go out of his way to force through some quack theory, as you suggest. He advocated on the basis of what many of the medical experts at the time also believed. And yes, I do believe (see above) that if it appears that part of the medical profession is pursuing a malpractice, and there is credible medical testimony to that end, the patient and advocate do not have to wait passively till a new consensus has fully formed, regardless of how many people die in the meantime. If a court case can help bring about a change in practice that you believe, going on expert opinion of at least part of the medical profession, will save lives, it is perfectly legitimate to try to do so - certainly no evidence of "scumbaggery". And there is no evidence to claim, as you do, that Edwards had no such motivation and was only in it to fill his pockets.
But the other point you keep ignoring is more important, and would stand regardless. The judicial system is the basis of your society. The basis of the judicial system, in turn, is, as your article put it, as follows:
"At the time, the medical profession was split [..]. There were experts on both sides. Edwards called his to the stand; the defendants called theirs; the jury decided."
This is what justice is all about. Both defence and prosecution
are guaranteed an advocate who will do his stinking best to argue their side as best as he humanly can. The judge or jury is left to decide.
The lawyer defending his client's case as best as he humanly can within the judicial rules at hand (in this case the jury system), is not just delivering a "brilliant performance", as you put it. He is fulfilling an essential service to your country's judicial system. Lawyers like Edwards did not just do their job as well as they
could - and the extent to which Edwards did should surely help to lay to rest any doubts that he wouldnt give the Presidency his 100% as well - they do it as well as they
should. Because the moment you tell lawyers that "morally", they're obliged to somehow do less then their stinking best for their client because their case is not worthy enough, you undermine the very basis of your judicial system.