IT'S NOT CAUSATION !!!! You can't prove that the lack of a vaccination is the cause of contracting the disease. People get meningitis even WITH vaccinations, because it doesn't cover all strains. Vaccinations are found (years later sometimes) to become less effective over time. Vaccinations don't always "take" -- either because of something quirky with the individual getting them, or the vaccine coming from a a bad batch. There could be numerous reasons why it is not automatically the surgeons fault. You need ALL elements to win a negligence case, not just a breach of standard of care !!!!
Quote:
Originally Posted by jillio
And if a physican fails to insure that a patient is vaccinated, thus increasing that patien's risk for bacterial meningitis, then that physician has not adhered to standards of care. And you are telling me that a judge and jury would not hold a physican to a higher ethical standard and a greater degree of responsibility than they would a line cook?
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