San Juan Mountains

San Juan Mountains
San Juan Mountains: Grenadier Range

Thursday, March 10, 2016

Criminal Negligence Without Harm

I opened my newspaper yesterday morning to discover, much to my shock and surprise, that a class-action lawsuit had been filed against Swedish Hospital alleging that the hospital "negligently put thousands of patients in danger by hiring a surgical technologist who the hospital now says may have exposed them to HIV, hepatitis B or hepatitis C."  For those of you who might not be aware of this story, let me bring you up to speed.
A surgical tech by the name of Rocky Allen had been working at Swedish Hospital, in Englewood, for five months prior to being fired in January of this year for stealing a syringe filled with fentanyl from an operating room.  According to drugs.com, "Fentanyl is an opioid medication. An opioid is sometimes called a narcotic.  Fentanyl is used as part of anesthesia to help prevent pain after surgery or other medical procedures."  As I would have predicted, Allen is a Navy veteran who was court-martialed in 2011 for stealing fentanyl.  After his release from military service, he was serving in Afghanistan and most certainly responsible for keeping me free, he was hired and then fired by four other hospitals for stealing fentanyl.  When Swedish Hospital caught him stealing fentanyl he was immediately fired.  Shortly thereafter Swedish contacted all surgical patients who had been under his care and informed them that the drug addicted and needle using Allen might possibly have infected them with some as yet unspecified blood-borne virus.  Yesterday the class-action lawsuit was filed on behalf of three former patients, with many more expected to jump on the litigation lottery bandwagon in the ensuing months.
If this were just another case of hundreds of people following an immoral and greedy lawyer in an attempt to win the litigation lottery I would not have bothered to write a post about it.  In this case there is something more at stake that you need to be aware of.  According to the newspaper report, Swedish has offered free blood tests to 2,900 former patients.  Many people have taken the hospital up on that offer.  To date nobody has tested positive for any blood-borne pathogen contracted during surgery at Swedish. The three plaintiffs named in the suit have also been tested and all three are disease free.  Do you see what is going on here?  The low-life gutter-snipe of a lawyer prosecuting this case believes in the legal principle of criminal (or civil) negligence without harm being inflicted.  He believes that his clients have somehow suffered an injury worthy of millions of dollars while, at the same time, he admits that they have suffered no injury.  How can this possibly come about? Answer:  the system of law in the Socialist Democracy of Amerika is immoral, corrupt and contradictory.
There is a precedent in criminal law in favor of the plaintiff's complaint.  DUI, or driving under the influence of alcohol, is a criminal offense punished by law.  If a person is caught with a blood alcohol level above some arbitrary, and constantly decreasing, amount, he is guilty of driving while intoxicated even if he did no harm to anyone.  In all states within the Socialist Democracy of Amerika a first time offense is punishable by up to six months in prison and a fine up to $2000.  Additional offenses ratchet up the penalty until the person who has never done any harm to anyone or anything can lose his driver's license and face significant jail time and fines.  In addition to the civil penalties, the cost for insurance rises significantly when a driver gets a citation for driving under the influence, once again, even if no harm was done to anyone.  In other words, citizens of this country can be convicted of a crime in which nobody and no thing was harmed.  It should not surprise us that some greedy attorney would use that immoral legal precedent to try to feather his own nest.
In a bizarre and ironic twist, when a person operating an automobile, whether driving drunk or not, kills another person the sentence in Colorado is 4-12 years imprisonment followed by 5 years of parole.  You can see that when an actual crime is committed, in this case murder, the criminal is handled with kid gloves and given a light sentence.  Let's be clear, if a person is driving drunk and kills another person he is guilty of murder and should be executed by the civil authorities for his crime.  The fact that he was driving drunk is irrelevant.  Humanistic law, however, is harsh when no crime has been committed and lenient when it should be harsh to the perpetrator of an actual crime.  God will not be mocked.  God commands all men, whether they profess to believe in Him and His Word or not, to obey His commandments.  Those who do not will be punished eternally in the Lake of Fire.  
Driving drunk is not a crime when no harm is done.  Indeed, it is not a crime even when harm is done.  The crime is the harm to the person or property of someone else.  It does not matter what mental condition the perpetrator was in at the time he harmed someone else's person or property. The biblical legal principle that negligence can only exist when harm occurs is clear and obvious to anyone with a lick of common sense.  To claim that another party has committed a tort against me when no harm has been done to me is something that could only come up in the legal system of the Socialist Democracy of Amerika.  That is one reason why anyone who professes to be a Bible believing Christian should have nothing to do with the corrupt and immoral legal system that has been imposed upon us by career politicians, career jurists, career enforcers of the rules and anyone else associated with what is called a legal system in this land.  Any Christian who conducts himself as a lawyer, judge or any other accessory to the system that believes criminal and civil (itself an unbiblical distinction) offenses can exist in the absence of harm is fighting against God Himself.  In case you do not know, that is not a prudent thing to do.

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