Friday, March 17, 2023

MDs have a saying that should guide all of us: "first do no harm."

The Latin phrase is "primum non nocere," but my Latin accent sucks, so here, we'll stick with the English translation. :)


I've been thinking about this for a while, but the recent spate of bank collapses and the train derailment in East Palestine, Ohio (and now, NW Arizona and western Kentucky; the rail companies involved claim that there were no hazardous materials on the non-Ohio trains that derailed, but since profit is involved, they have credibility problems), have helped bring my thinking together.


Enough attorneys read this blog that I expect that I'll be corrected if I'm wrong, but my understanding of our society (and most others) is that there are basically two ways to address bad behavior - criminal laws and civil laws, and regulations fall under civil law.


And reducing civil liability for a specified behavior without a commensurate increase in criminal liability for that behavior only serves to encourage that behavior.


Certain people, we'll call them Republicans and Democrats in name only, believe that a desire for profit and increased profit justifies the most craven acts.  


It doesn't..


And reducing regulations in a way that endangers the people in society or society itself qualifies as "craven."


Some people will try to rationalize harm or death to others by insisting that the intent was only to generate profit or increased profit.


To that I would point out certain acts that result in the death of someone also result in a murder charge.


For example, someone who burns down a building that results in the death of a person will also face a murder charge, even though death wasn't their intent.


Some may argue that the underlying act in that example, arson, is illegal in and of itself, which justifies a murder charge for each death resulting from it.


To rebut that argument I would point out that consuming alcohol is legal, as is operating a motor vehicle.  Combining the two?


Not legal.


And if doing so results someone's death, a person who drank and drove will face a greater criminal charge.  Even if death wasn't their intent.


Results matter more than intent.


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