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Should Doctors have Free Speech?

 
 
Linkat
 
Reply Tue 11 Jul, 2006 11:55 am
A NH doctor was being investigated by the NH Board of Medicine for making offensive remarks to patients, but a judge ruled that doctors have free speech. I agreed at first until I read some of his remarks - now I am not sure - he may have crossed the line. What do you think? Here is a sampling of what he said:

A patient who suffered from brain injuries wrote a complaint to the Board of Medicine. In it, she said that Doctor Terry Bennett told her he'd be relieved if she committed suicide because her pain would be over.
Another complaint - Doctor Bennett told her if her husband died, no one would want her, except maybe black men, because she was too fat.
The doctor admits that he approaches medicine with a tough love attitude, and might make upsetting statements to get his patients' attention. He says he gives this speech to all obese women as a way to get them to lose weight.

Bennett: Single male Americans die like flies at every age group. So there's never enough to go around. There's always more single women. So you poll the guys, and I don't care if they got a belly they need a wheel barrow to push around, they'll tell you that they really don't like obesity, but for one group: black guys. They're neutral to positive on obesity, for reasons that are not entirely clear and I will not go into all that.

According to the state law, the Board of Medicine can take disciplinary action if a doctor has engaged in dishonest or unprofessional conduct, has been negligent in practice, or has intentionally injured a patient. Attorney Douglas argued successfully the law does not suspend a doctor's right to free speech. The Supreme Court has made clear that people even in heavily regulated professions like doctors and lawyers do retain their free speech rights. The question is, at some point does someone like a doctor or lawyer cross the bounds of what is ethical?
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Type: Discussion • Score: 1 • Views: 780 • Replies: 8
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Thomas
 
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Reply Tue 11 Jul, 2006 12:03 pm
I guess you could make the case that wanton insults are unprofessional coduct for a doctor. But basically, the problem here seems to be is that this doctor is an arsehole. And that, by itself, is not justiciable.
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Chai
 
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Reply Tue 11 Jul, 2006 12:10 pm
I've known dozens of doctors through work.

On the whole, (there have been some exceptions) I've admired their skill as a physician, but that didn't influence the way I felt about them as human beings.

Most are people I didn't have an opinion of one way or the other, just like I feel about most people on the street….Some are very pleasant, but busy. Then there're the ones, like this one, who is just a raging a$$hole.

Someone like this is no different than the complete jerks you meet every day, who think they know better than anyone else as to how to treat people. This guy is one of them. The only difference is there's less people he works with professionally that are willing to tell him that.

My initial, and still my reaction is to fire this person as my physician.

It's a shame that so many people have been socialized to think they have to put up with this crap, because someone has M.D. after their name.

Believe me, every time someone takes this kind of doctor to court, it's no skin off his nose. That's what he has lawyers for. The process will be much for painful for the person suing him…he couldn't care less.

Yeah, he has his right to free speech, he's not misdiagnosing or prescribing the wrong meds. The solution lies his hitting him where it counts, in his wallet.

No one's forcing anyone to go to him….Fire his ass. If enough people wise up and do that, he'll come around.
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JPB
 
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Reply Tue 11 Jul, 2006 12:14 pm
Chai Tea wrote:
...My initial, and still my reaction is to fire this person as my physician.

...Yeah, he has his right to free speech, he's not misdiagnosing or prescribing the wrong meds. The solution lies his hitting him where it counts, in his wallet.

No one's forcing anyone to go to him….Fire his ass. If enough people wise up and do that, he'll come around.


Yep, I'd only listen to this kind of crap once.
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Noddy24
 
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Reply Tue 11 Jul, 2006 12:22 pm
I agree with earlier posters. Personally, this guy is offensive but his objectional remarks have nothing to do with his professional skills.

I can appreciate that dealing with chronic complainers and the severely overweight can be frustrating.

Still, these women can vote with their feet.
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ossobuco
 
  1  
Reply Tue 11 Jul, 2006 12:55 pm
I agree too, except for the first one about being relieved if the patient committed suicide.
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flushd
 
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Reply Tue 11 Jul, 2006 01:27 pm
Yup, nothing illegal about being an arsehole. Anyone who doesn't like it, can find another doctor. Though I doubt this guy will ever be out of work.

True be told, I'd rather put up with a blatant arsehole who is superior in his field, than a nice doctor who is mediocre to crap at the job.

It is nice to be treated like a human being though. Obviously, most would choose the one who is decent over the dick (with same skills).
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Linkat
 
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Reply Tue 11 Jul, 2006 01:36 pm
Although all his remarks are unprofessional at best, I think the only remark that I considered grounds for losing a license is the suggestion of committing suicide. Aren't doctors supposed to be in the business of saving lives? Aren't they dealing with some one when they are vulnerable? Isn't that why things like having an affair with a patient (even if said patient is an adult) considered wrong?

What would have happened if at this man's suggestion she committed suicide not realizing she had other options?

I also agree, I can't imagine especially after all this bad publicity that he will have many patients. You do have a choice, but some one really sick and in pain that perhaps is a bit naïve could take some of his comments to heart. Where is some one crossing the line if not suggesting you kill yourself?
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Steve 41oo
 
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Reply Tue 11 Jul, 2006 01:40 pm
no

all doctors should be bound by their Hyppocratic oath to lie
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