Professional truck drivers receive specialized training before they are allowed to perform their job, and they gain necessary practical experience as they continue to accumulate miles over the years – the more they drive and the more experience they acquire, the more competent they become.
Professional truck drivers, whether they limit their driving to local areas or they drive their trucks throughout the United States, are expected to always be in control of their vehicles, to safely operate their vehicles at all times and under all circumstances, and to be constantly aware of changing circumstances that may make their driving dangerous to others, altering the way they perform their job as the changing circumstances require.
They must obtain current information about the weather and the road conditions along their intended route and alter their plans when necessary as conditions change.
The best and most highly-respected professional truck drivers are the ones who have been driving professionally for the longest period of time and have the most diverse, comprehensive driving experiences, always abiding by the rules of the road and performing their duties safely and without needlessly endangering others (professional drivers who take unnecessary risks, such as those who knowingly risk driving into bad weather or into dangerous road conditions, usually do not last very long because their reckless acceptance of unnecessary risk causes accidents that injure others (such as attempting to drive through a mountain pass during a severe snowstorm that results in the loss of visibility and the loss of braking traction that needlessly leads to people being injured when collisions with other vehicles occur)).
A jury would have no difficulty in holding a professional truck driver fully responsible for all of the injuries and damages he caused to others under such circumstances.
Everyone would agree that a professional truck driver, who has 30 years of experience in driving trucks for a living, who has a spotless driving record, and who has never been involved in a vehicle collision, must be held fully responsible for all harms he causes to the occupants of another vehicle when he momentarily becomes distracted (by texting on his cellphone, by looking at the radio while he changes the station, or while momentarily taking his eyes off of the road while he picks up something that has fallen to the floor), crosses the solid double yellow lines separating his lane of traffic from oncoming traffic, and violently collides head-on with the vehicle in the opposite lane of traffic.
So why should doctors or any other health care professional be treated any differently when they cause harm to others while performing their professional responsibilities? Why would (or should) it make any difference to anyone that doctors who needlessly and negligently cause life-changing, permanent injuries to others, have 30 years of medical experience, have a spotless record, and have never had a prior claim of medical negligence filed against them?
Why should anyone who negligently causes serious injury to others be given a “pass,” a “credit,” or any consideration whatsoever for not having injured others in the past?
When doctors are sued for malpractice, they often defend their wrongdoing by highlighting their years of experience and their history of performing the same treatments or procedures without incident. They often deny that they deviated from the applicable standard of care by citing their flawless past history and arguing that because they safely treated patients in the past, they treated the plaintiff appropriately — they attempt to deflect focus from their negligent acts that injured the plaintiff by stating that it is their practice to “always” perform a procedure or provide care in a certain way (if a professional truck driver states that he always drives on the right side of the roadway but the evidence points to his vehicle crossing the solid double yellow lines and causing a collision in the opposite lane of traffic, what difference does it make that it is his usual practice and habit to drive safely?).
Professional truck drivers and doctors should be viewed in the same manner when they are alleged to have negligently injured others: their usual practice of performing their jobs safely and their past years of spotless performance are of no significance when they failed to meet the standard of care in a particular instance.
Negligent doctors who seriously harm others should be treated just like professional truck drivers who seriously harm others: they must be held fully responsible and accountable for all of the harms they negligently caused – doctors who negligently injure their patients should never benefit financially from the one-sided laws in many U.S. states that limit their responsibility to fairly and justly compensate their victims for the harms they caused (such as caps on damages that medical malpractice victims can receive from negligent medical providers) and they should receive no credit for or consideration of their past history of competently performing their professional responsibilities.
Both professional truck drivers and doctors must follow the safety rules that are in place that guide how they must perform their jobs under changing circumstances in order to protect everyone from harm — if they fail in this regard, then they are expected to be held accountable for all of the consequences of their negligent acts.
If you, a family member, or a friend were injured due to medical malpractice in the United States, you should promptly seek the legal advice of a medical malpractice attorney in your U.S. state who may investigate your medical malpractice claim for you and represent you in a medical malpractice lawsuit, if appropriate.
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