Posted by Q (188.8.131.52) on January 23, 2000 at 02:40:08:
In Reply to: DocGreg and any lawyers posted by Todd on January 22, 2000 at 17:03:58:
It would seem to me that, at least in the US, anyone can sue for anything and given the unpredictability of the US judicial system today, anyone could be found to be liable for almost anything.
In my recent litigation experience, truth does not matter to the system. Facts and evidence do not matter. Justice does not matter to the system. When it gets to the court and is put before the jury, the outcome turns out to be a matter of emotion and money. I pray for Karma to ultimately set things right.
My guess it that someone could sue over posts made on CHMB, and maybe even win. We could all be accused of practicing without licenses, and even if we had licenses, as some do, accused of violating the license by doing something wrong or by not doing something right. Judicial rationalization is a slippery thing these days. Most courts ultimately do the right thing, but some dont.
As far as the medicine thing goes, there is the doctrine of the "good samaritin" which hold you responsible for rendering assistance and liable for negligence if you do not do so.
There is also the insurance fraud statute, which if insurance paid for the drugs you gave to someone else could hold you liable, not for delivering the drug, but obtaining them under false pretenses.
Then there are the drug trafficing laws which could construe that you were paid, not in money, but in some ego-feeding compensation. If ergo-drugs cause hallucinations, as is believed, and recast for purposes of the press and trial as controlled substances, that would be a serious infraction.
I can just imagine explaining CH to a jury. Perhaps that IS just what we need, a CH-lawsuit. (just joking!) Two lawyers arguing over what is CH and what is appropriate treatment. I can just see it! Call in the panel of medical experts, both (all two) of them! Call in the CHMB core group as experts too! That could be the convention!
I am not a lawyer and am not trying to practice law. I believe that sharing drugs in certain circumstances is the right thing to do. However, if you do want to proceed, there may be consequences which you may be subjected to.
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