Monday, March 8, 2010
Monday, May 18, 2009
The Arlene Berry Story
There is a public interest in knowing
how Arlene Berry came to her death and
how her healthcare providers are implicated.
Medical Dictionary Online-Medical-Dictionary.org
Wednesday, May 6, 2009
Questionable Doctors...
You either have it or you don't.
Stories of the Incredibly Stupid
Thursday, April 30, 2009
Truth & Justice Demanded
Tuesday, April 28, 2009
Doctors Forcing Patients to Sign Gag Orders: Undue influence
"Can you believe this?!
There are doctors who are forcing patients to sign a contract promising not to criticize the doctor, "his expertise and/or treatment."
No signature-No medical care
If the patients won’t sign the contract, the doctors won’t treat them.
I will ask again: Can you flippin’ believe this?!
Doctors don't like online reviews
The contracts are in response to websites that are springing up around the internet that allow patients to post reviews about their doctors. Doctors don’t like the fact that the websites allow patients to post negative comments, but doctors have no way to respond without breaching patient confidentiality.
Blackmail?
So they have resorted to blackmail. Sign the paper or don’t get medical care!
Can you believe this?!"
SOURCE: RateMD's
Undue influenceKnow that virtually any act of persuasion that over-comes the free will and judgment of another, including exhortations, importunings, insinuations, flattery, trickery, and deception, may amount to undue influence. Undue influence differs from duress, which consists of the intentional use of force, or threat of force, to coerce another into a grossly unfair transaction. Blackmail, Extortion, bad faith threats of criminal prosecution, and oppressive Abuse of Process are classic examples of duress.
Four elements must be shown to establish undue influence. First, it must be demonstrated that the victim was susceptible to overreaching. Such conditions as mental, psychological, or physical disability or dependency may be used to show susceptibility. Second, there must be an opportunity for exercising undue influence. Typically, this opportunity arises through a confidential relationship. Courts have found opportunity for undue influence in confidential relationships between Husband and Wife, fiancé and fiancée, Parent and Child, trustee and beneficiary, administrator and legatee, Guardian and Ward, attorney and client, doctor and patient, and pastor and parishioner. Third, there must be evidence that the defendant was inclined to exercise undue influence over the victim.
This section is from the book "Handbook Of The Law Of Contracts", by Wm. L. Clark, Jr.. Also available from Amazon: Handbook of the law of contracts.Influence
145. Undue influence is a species of fraud. It may be said generally to consist -
(a) In the use by one in whom confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him.
(b) In taking an unfair advantage of another's weakness of mind.
(c) In taking a grossly oppressive and unfair advantage of another's necessities and distress.
146. EFFECT. Undue influence renders a contract voidable at the option of the injured party.
Saturday, April 25, 2009
The Questionable Cases Of Dr. Charles Smith
Pathologist admits to being self-taught - A Review
Dr. Charles Smith was once considered top-notch in his field of forensic child pathology. In 1999, a Fifth Estate documentary singled him out as one of four Canadians with this rare expertise. A review of discredited pathologist Charles Smith has found he made errors in 20 child autopsies, 13 of them resulting in criminal charges.An inquiry led by Justice Stephen Goudge and concluding in October 2008, found that Smith "actively misled" his superiors, "made false and misleading statements" and exaggerated his expertise. Dr. Smith had provided an opinion regarding a number of cases where cause of death that was "not reasonably supported by the materials available for review". That would not be unusual, doctors do it all the time and Ontario's chief coroner is no exception.