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Sabtu, 21 Juli 2012

Can Medical Staff Be Held Accountable For A Suicide? [sameday4loans.blogspot.com]

Can Medical Staff Be Held Accountable For A Suicide? [sameday4loans.blogspot.com]

As the focus in the 2G spectrum allocation investigation shifts to telecom companies, the arrest of Swan Telecom promoter Shahid Balwa looks imminent. Sources said the CBI has summoned him for interrogation for the fourth time on Saturday. Balwa is a key player in the fraud and an ongoing Enforcement Directorate (ED) probe has shown that his flagship company, DB Realty, provided a `214 crore unsecured loan to Karunanidhi's channel Kalaignar TV. The ED is finding out if the money was linked to the 2G scam and quid pro quo for favours to Swan Telecom by former Telecom Minister A Raja. According to a newspaper report on Friday, investigators are looking into the money transfer from Balwa's firms to Kalaignar TV through three interlinked firms during the spectrum scam period. The reports said Dynamix Reality, owned by DB Realty, had transferred `209 crore as unsecured loan to Kusegaon Reality in 2009. A majority stake in Kusegaon Reality is owned by DB Realty's chief financial officer Asif Balwa, brother of Shahid. Kusegaon Reality then transferred `206 crore as loans and advances to Mumbai-based Cineyug Media, in which the lender has 49 per cent shares. Then, Cineyug Media transferred `214 crore to Kalaignar TV as unsecured loan. In the DMK-controlled Kalaignar TV, 60 per cent of shares are held by Karunanidhi's second wife Dayalu Ammal's family and 20 per cent by Kanimozhi. The remaining 20 per cent is controlled by broadcasting expert Sharad Kumar, who technically oversees ...

http://leafgardenpress.com/ 2G Money invested in DMK's channel Kalaignar TV (Source : Headlines Today)

Non-interest income, reflecting strong growth in gain on loans sold, was $ 4.28 million in first half 2012 compared with $ 920000 in first half 2011. -- At June 30, 2012, loans held for sale totaled $ 34.96 million at June 30, 2012 compared with $ 9.53 ... First Internet Bancorp Reports Strong Year-over-Year Growth in Earnings, Loan ...

Medical staff are bound by a duty of care to do their utmost to ensure a patient's well being and to offer them the best medical care they can. The press often reports cases of patients who have contracted further illness as the result of misdiagnosis, being prescribed the wrong drugs or botched surgical procedures. In these cases, it is relatively easy to see where the blame lies and the Law allows victims or their families to seek financial redress for the event. However, when an illness is not quite so obvious, as in the case of mental health problems, and the patient goes on to commit suicide, can medical staff still be held accountable?

Assessing The Situation

If a person presents a danger to themselves or to others around them, it is possible to have them 'sectioned'. Initially, this means talking to that person's GP to discuss the issues at hand. The GP's job is to assess the situation and decide which options are available and which course of action to pursue. It may be that the GP orders a hospital referral so that the sufferer can be more acutely assessed and diagnosed. They may be offered treatment on a voluntary basis rather than being detained against their will, as is the case with sectioning.

However, if the GP or medical staff at the hospital fail to recognise symptoms of a particular mental illness and either prescribe the wrong treatment or allow the patient to leave without offering any treatment at all, then they are failing to uphold their duty of care. As such, they may then be liable for a medical negligence claim if the patient goes on to commit suicide. Alternatively, there are many cases in which people have been prescribed drugs that have lead to suicidal tendencies.
Burden Of Proof

As with any clinical negligence claim, the burden of proof lies on the claimant. They must prove beyond reasonable doubt that the suicide has occurred as the direct result of medical staff failing to uphold their duty of care. For the claimant, this can be a difficult process, although not impossible. In order to successfully launch a case, they must produce as much evidence as possible that the victim's symptoms were such that they should not have been allowed to continue about their daily life without the correct treatment or intervention of some sort.

Anyone who has lost a relative to suicide and believes that the responsibility for their death lies in the hands of medical staff should first contact a personal injury solicitor. They will be able to ascertain just what the potential is for a claim. If it is decided to be a worthwhile undertaking, they will need access to as much evidence as possible, including the victim's medical records.

While it may seem that a patient's mental illness might not be obvious to all, it must be remembered that GPs and specialist medical staff are trained to recognise patterns of behaviour and distress. In the event that they make a mistake or their judgement is impaired, the results can be catastrophic and those responsible can be held accountable. More Can Medical Staff Be Held Accountable For A Suicide? Articles

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