Quote:
Originally Posted by GlitterySocks
Hi northrancher,
The cases you referred to are correct. They are frustrating ethical questions, but are not illegal. Those are all elective procedures. However, I am talking about Michael's scalp correction that Dr. Klein said he "needed" to reverse an earlier surgery (years after his initial surgeries), and also the acne treatments for which Dr. Klein gave him surgical grade anesthesia. According to other doctors, it is questionable if Michael needed those additional scalp extending surgeries or not, as they could have worsened the state of his scalp so late after the initial burn injury due to disruption of scar tissue. In any event, the only person saying they were necessary is Klein. If (and it is a big IF) Klein knowingly convinced Michael to go through with the procedure when it was not in his best interest, that would not be a lawful or ethical practice of medicine. Klein also stood to benefit from having Michael as a patient financially, and if Michael did have BDD then Klein also took advantage of patient that was not in a psychological capacity to make those type of decisions. Didn't Klein himself say that Michael had BDD on his recent interview? (I can't stomach watching the interview, but I believe I read that statement in a transcript.)
Similarly, if the risk of painkiller dependency was a major factor (which we know it was for Michael), that should heavily influence the way that doctors make decisions for treatment, especially for a minor acne procedure. For Dr. Klein that didn't seem to matter. He knowingly prescribed medication to a recovering drug addict. I am not a lawyer (lol), but I do work in a medical center, and all of this sounds like medical malpractice/negligence to me.
"Medical Malpractice, also called medical negligence, is the failure of a medical professional to meet the standard of good medical practice in the field in which the medical professional practices.
Medical malpractice occurs when a healthcare provider - doctor, hospital, HMO, nurse, other individual or entity licensed to provide medical care or treatment - does something that competent doctors would not have done, or fails to do what a competent doctor would have done, resulting in injury or wrongful death. "
Source: http://www.legallawhelp.com/legal_la...l_malpractice/
It is an ambiguous, slippery slope between medical ethics of what is right and wrong and what is legally right and wrong. My understanding is medical malpractice applies to both physical and psychological injury. I believe that Klein is culpable in all of this mess.
I could be missing something, or just plain wrong, but I like to be sure I am speaking accurately. Please let me know if you have additional information about this! |
I know, these issues are so complicated and there's very little that is black & white, which is why they often get litigated for juries to decide.
You and I agree...I think the strongest case against Klein is the felony for prescribing/administering drugs to a known drug addict (which is how Klein characterizes MJ) and the HIPAA violations.
The unnecessary treatments & over-the-top anesthesia will (should) cause him to lose his license, but being convicted of a felony will do that anyway.
How irresponsible & self-destructive for Klein to give media interviews when he knows he's under investigation. Klein's lawyers have lost all control over him & he will regret not keeping his mouth shut when he goes to Court.
As a medical professional, this whole story must just tear you up even more. It's so awful, isn't it?
11-10-2009, 07:55 AM
its all for love, L.O.V.E.
Seems that the world has a role for me...
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