Rob Murphy's Day in Court

[Randy43068]

Oh yeah, on second reading, I think you're right. No, I'm sure you're correct.

He was referring to the Hippocratic oath that is a tradition to recite upon graduation of Med School.

I swear by Apollo, the healer, Asclepius , Hygieia, and Panacea, and I take to witness all the gods, all the goddesses, to keep according to my ability and my judgment, the following Oath and agreement:
To consider dear to me, as my parents, him who taught me this art; to live in common with him and, if necessary, to share my goods with him; To look upon his children as my own brothers, to teach them this art.
I will prescribe regimens for the good of my patients according to my ability and my judgment and never do harm to anyone.
I will not give a lethal drug to anyone if I am asked, nor will I advise such a plan; and similarly I will not give a woman a pessary to cause an abortion.
But I will preserve the purity of my life and my arts.
I will not cut for stone, even for patients in whom the disease is manifest; I will leave this operation to be performed by practitioners, specialists in this art.
In every house where I come I will enter only for the good of my patients, keeping myself far from all intentional ill-doing and all seduction and especially from the pleasures of love with women or with men, be they free or slaves.
All that may come to my knowledge in the exercise of my profession or in daily commerce with men, which ought not to be spread abroad, I will keep secret and will never reveal.
If I keep this oath faithfully, may I enjoy my life and practice my art, respected by all men and in all times; but if I swerve from it or violate it, may the reverse be my lot.

 

[DiveGal-Mlb]

We're doing fine here. It's best to have this in as many places as possible so that we can ALL learn what happened and why.

I agree! Just wanted to help make more info available to members. There are links to video and news articles as well as posts by Rob and others involved.

Dive Safe! Dive Often!

 

[Moonglow]

Any criminal conviction is professionally devastating to a physician. A sentence of probation for a conviction of a crime that resulted in bodily harm could cost the doctor his licence to practice medicine, thus making him unemployable.

 

[ItsBruce]

Sorry to say, but given what he was convicted of doing, the sentence is about right. For the particular offenses charged, the nature of the injury is irrelevant. He was just as guilty if it had been a near miss (an oxymoron) or a complete distant miss. I do, however, wonder why he was not charged with felony obstruction of justice for trying to erase the GPS memory.

FWIW: The civil suit will be real ugly for him. ... And he deserves it.

 

[ItsBruce]

A further thought on intent:

We carry SMBs so that we can be seen when we surface. We do so because we are sometimes hard to see when we are in the water. And, that is taking into account that the crew of the dive boat is looking for us and trying to spot us. Now, consider someone who isn't expressly looking for or expecting a diver in the water. How likely is it he or she would see a diver in water, either for purposes of trying to hit the diver or to avoid hitting the diver?

Except for obstruction of justice, I think he was convicted of the things for which he should have been convicted.

 

[mike_s]

Sorry to say, but given what he was convicted of doing, the sentence is about right. .

that's why I asked earlier why he wasn't charged with assault (or bodily damage or something?).

Getting found guilty of a navigation error is minor in most cases.

 

[DiveGal-Mlb]

A further thought on intent:

We carry SMBs so that we can be seen when we surface. We do so because we are sometimes hard to see when we are in the water. And, that is taking into account that the crew of the dive boat is looking for us and trying to spot us. Now, consider someone who isn't expressly looking for or expecting a diver in the water. How likely is it he or she would see a diver in water, either for purposes of trying to hit the diver or to avoid hitting the diver?

Except for obstruction of justice, I think he was convicted of the things for which he should have been convicted.

Rob had his SMB, but never had the time to inflate it. I inflate mine and send it up BEFORE I leave the bottom.

 

[DandyDon]

A further thought on intent:

We carry SMBs so that we can be seen when we surface. We do so because we are sometimes hard to see when we are in the water. And, that is taking into account that the crew of the dive boat is looking for us and trying to spot us. Now, consider someone who isn't expressly looking for or expecting a diver in the water. How likely is it he or she would see a diver in water, either for purposes of trying to hit the diver or to avoid hitting the diver?

For Coz diving, we're told to surface at the DMs sausage sent up before surfacing or send out own up before surfacing. I used to think listening for a boat might be enough, but obviously not from this.

Except for obstruction of justice, I think he was convicted of the things for which he should have been convicted.

You don't think he should have been charged and convicted of more? Like leaving the scene, failing to give aid? Maritime is different from hiway laws, but I think he should have got more - and done real time, not probation.

Rob had his SMB, but never had the time to inflate it. I inflate mine and send it up BEFORE I leave the bottom.

Yep, better. I inflated mine off of Roatan once and the DM who was with me snickered politely, but they don't have much traffic. Florida, Cozumel, etc = amateur boaters.

 

[DiveGal-Mlb]

You don't think he should have been charged and convicted of more? Like leaving the scene, failing to give aid? Maritime is different from hiway laws, but I think he should have got more - and done real time, not probation.

The ones that get me is the 'tampering with evidence' when he scrubbed his GPS clean and having his lawyer meet him at the dock. This is NOT the 'good doctor's' first rodeo...

 

[letterboy]

opps, wrong thread