Watch out what you post!

[SC_Hoaty]

I'm not a lawyer. I don't even play one on TV. But I have watched enough TV to know that definitions and statutes change from state to state. The reason I bring this up is so someone who knows a bit about FLORIDA law might confirm or deny RJP's assertion. I'm not saying he is wrong, just curious if he is right.

 

[RJP]

I'm not a lawyer. I don't even play one on TV. But I have watched enough TV to know that definitions and statutes change from state to state. The reason I bring this up is so someone who knows a bit about FLORIDA law might confirm or deny RJP's assertion. I'm not saying he is wrong, just curious if he is right.

"When perpetrated from a premeditated design to effect the death of the person..."

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0782/SEC04.HTM&Title=->2003->Ch0782->Section%2004#0782.04

 

[robertarak]

I'm a little fuzzy on this whole thing...probably because I didn't actually read the whole thread, but....

...this piece of crap ER Doc guy runs over a diver, takes off his legs, leaves him for dead, and now wants to get paid for it? Am I missing something?

 

[SC_Hoaty]

"When perpetrated from a premeditated design to effect the death of the person..."

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0782/SEC04.HTM&Title=->2003->Ch0782->Section%2004#0782.04

How has that been interpreted in Florida courts? Could the failure to be at the helm constitute "depraved indifference" and is that a valid FL concept? I think you see where I'm coming from - and why they only let members admitted to the state bar practice.

 

[SC_Hoaty]

"When perpetrated from a premeditated design to effect the death of the person..."

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0782/SEC04.HTM&Title=->2003->Ch0782->Section%2004#0782.04

Or read further,

The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

 

[SC_Hoaty]

I'm a little fuzzy on this whole thing...probably because I didn't actually read the whole thread, but....

...this piece of crap ER Doc guy runs over a diver, takes off his legs, leaves him for dead, and now wants to get paid for it? Am I missing something?

You've got the basics. The Doc was convicted on a criminal charge related to this, but it was along the lines of improper navigation and did not seem to address the injury, if I recall correctly.

 

[RJP]

Edited

 

[Mopar]

This is why things get out of hand in legal discussions on chat boards - people throw around words that they don't really understand.

I'm certainly not defending this guy, but there's no basis for an "attempted murder" charge against the guy since that charge requires INTENT. In order for you to find a defendant guilty of an attempted murder, the State must prove beyond a reasonable doubt that it was the defendant's purpose to cause the death of the victim. Unless the doctor set out that day to kill Rob, or otherwise showed a specific intent to target Rob for death at some point prior to running into him, he did not commit "attempted murder."

Well as I claim not to be a lawyer I was thinking since he took a hypocritical oath to be a dr. and as I read the story left him for dead in the water would show intent for murder. He sure was not going to just "be healed floating in the water. Not trying to start a pissing contest this was just my opinion.

 

[BKP]

Well as I claim not to be a lawyer I was thinking since he took a hypocritical oath to be a dr. and as I read the story left him for dead in the water would show intent for murder. He sure was not going to just "be healed floating in the water. Not trying to start a pissing contest this was just my opinion.

Apparently, that's *exactly* the oath he took...

 

[Ayisha]

Yes, as opposed to a hypocratic oath. Isn't he supposed to do no harm? Also, as a doctor, isn't he REQUIRED to render assistance in an emergency - not withstanding that he caused it?