So I had an interesting talk with my employer about negligent homicide. (Healthcare)

[Cleita]

My employer is a medical doctor. We were talking about what if he ran across a person who was wounded and bleeding to death and did nothing if it would be negligent homicide if that person died. He said he is obligated to render assistance and for that reason carries latex gloves on him at all times. Then I asked him what if I did the same, would it still be negligent homicide? He said he wasn’t familiar with the law in regard to non-doctors, but he believes I too would be guilty if I just watched the person bleed to death and did nothing, like call 911 or whatever I was able to do. So if I was able to give assistance to the best of my ability and didn’t, then he believes that I too would be guilty of negligent homicide. Could any DU lawyers clarify this?

To cut to the chase I would like to use this as a metaphor about our lack of a decent health care system. If this is true, I believe that any Congress person who is able to deliver health care to 100% of the population with the right legislation but doesn’t is guilty of negligent homicide and that is like watching someone bleed to death when you could help. The nation is bleeding to death with the present health care system that we have that seems to prefer money over life. It’s as if someone came by to the wounded person and instead of helping him, took his wallet and left. The insurance companies and PhRMA have been taking the wallets of their victims over and over again with no remorse.

The time has come that the dilemma has been presented to Congress and I really have to say what I have heard up until now is so much tap dancing around this bleeding person and suggesting that maybe applying a few band aids will help and down the road...oh...in 2013 or later, maybe the patient can get the surgery and treatment he needs after a trigger gets set off. Nothing being said is constructive in stopping the bleeding now and getting the patient on the road to recovery like calling the ambulance and getting that person to the hospital. They have the opportunity to craft a law that will work for generations. Their present refusal to act in a compassionate and responsible manner makes them guilty of the negligent homicide of every man, woman and child who will die unnecessarily because no one would stop the bleeding.

[AngryAmish]

1. It is negligent homocide only if he was on Sienfeld

Under the law (mostly) you have no obligation to rescue someone.

[Cleita]

2. I think the law would vary in different places like the law

shooting trespassers on your property varies from place to place.

[AngryAmish]

5. The law on shooting trespassers is pretty consistent

You can't shoot them for trespassing. However if you are in fear for your life, blast away. The distinction is whether or not you have to retreat if given the opportunity. Please don't shoot someone for going on your lawn. No matter where you live you can't do that.

That said: the law is remarkably consistent in the US that you do not have to save someone dying in the street. The common fear among doctors is that they will potentially be charged with malpractice but there is good samaritan laws in almost every jurisdiction - and what exactly would be the standard of care for treating someone in the street? There almost is not one so proving malpractice is very hard under that circumstance. More of an urban legend than anything else.

So your friend the MD thinks he could be charged with negligent homicide for not helping a guy bleeding on the street. If you could tell me what state you are in I could tell you if this is true or not. Most likely, it is not. So they got that going for them, no?

[AngryAmish]

6. Well it appears 3 states have imposed duty of rescue statutorily

Those states: Vermont, Rhode Island and Minnesota. So go tell your employer he has no legal duty. Of course, he has a humongous moral duty and will probably have the death on his conscious, but he will not go to jail.

[Cleita]

7. He did his residency at the Mayo Clinic, which is in Minnesota.

That's probably where he got his idea.

[defendandprotect]

3. I think it's a very clear argument for what insurance companies have been doiing!

[KatyaR]

4. I think many states have "good samaritan" laws

that cover non-medical persons giving good-faith efforts to aid someone.