Necklinsberg
Contributor
-- Wasn't there also something about the doctor attempting to destroy evidence by trying to erase his gps log?
Watch out what you post!
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-- Wasn't there also something about the doctor attempting to destroy evidence by trying to erase his gps log?
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?
I'm not sure about this, and of course it does vary between countries/counties etc. but a nurse, paramedic or doctor administering aid outside of their place of work may not be covered by their insurance and so risk a great deal if someone decides to sue for malpractice. Whereas Joe Public administering first-aid could be covered by good samaritan law.
I would post a link to the wiki Good Samaritan Law page but as I haven't accumulated 5 posts yet the board won't let me.
In Florida, all medical doctors, nurses and paramedics are covered by Florida's Good Samaritan Law. By Law, their insurance must also cover emergency care.
Maritime law requires any boater who witnesses an accident to render aid unless it puts them in peril. There was no excuse for leaving the scene and meeting with his lawyer. In fact, I bet the animosity against him would be far less were he to have TRIED to help Rob.
Maritime law requires any boater who witnesses an accident to render aid unless it puts them in peril. There was no excuse for leaving the scene and meeting with his lawyer. In fact, I bet the animosity against him would be far less were he to have TRIED to help Rob.
inventor
Contributor
OK, I personally don't know much about this situation other than the posts and articles posted here. And reading a previous thread about the incident. However, I feel the need to clear something up.
This was not a 'Hit and Run'.
It was, 'Hit...'
Stop and see that you've critically injured a person.
Assess that, as an ER doctor that you:
1. Can render aid.
2. Are required to render aid.
Run.
Call attorney.
Meet attorney at dock.
Attempt to wipe GPS of evidence.
Cuss victim for damaging prop.
Hope that clears things up a bit. Isn't this also the guy that hid his boat for awhile, and the repair shop turned him in?
This was not a 'Hit and Run'.
It was, 'Hit...'
Stop and see that you've critically injured a person.
Assess that, as an ER doctor that you:
1. Can render aid.
2. Are required to render aid.
Run.
Call attorney.
Meet attorney at dock.
Attempt to wipe GPS of evidence.
Cuss victim for damaging prop.
Hope that clears things up a bit. Isn't this also the guy that hid his boat for awhile, and the repair shop turned him in?
VooDooGasMan
Contributor
Was the doctor drinking, and could he get jail time if hit the spearfisherman, as the skipper of his boat. does he have a captains license.
As like other things, time goes, and so does memories, the dock would have been fine down the road, but to bring spearboard to headlines will keep it on top of google search for a long time as long as someone seaches his name. and that is what he see's, what he does not realize is that spearfishing is a very big sport in the world and it will always be known what happen.
Now I'm with idocsteve, do you know the pressure the dock was under, hiding his boat, and trying to pick a repair facility not to turn him in, come on now people how about a little consideration for him.
Anyways the sad part is it will all fade, except for rob, and rob has to transition for a new way to live, and the doc does not like the way he has to transition his life now.
Happy Diving
As like other things, time goes, and so does memories, the dock would have been fine down the road, but to bring spearboard to headlines will keep it on top of google search for a long time as long as someone seaches his name. and that is what he see's, what he does not realize is that spearfishing is a very big sport in the world and it will always be known what happen.
Now I'm with idocsteve, do you know the pressure the dock was under, hiding his boat, and trying to pick a repair facility not to turn him in, come on now people how about a little consideration for him.
Anyways the sad part is it will all fade, except for rob, and rob has to transition for a new way to live, and the doc does not like the way he has to transition his life now.
Happy Diving
though the criteria for murder are diffrent from state to state location to location generaly speaking murder comes in 3 forms.
1st degree homicide is when a person intentionaly and wilfully plans out a homicide and carries out the act.
2nd degree murder is usually a murder of opportunity. Examples include a husband and wife get in a fight and he picks up a lamp and clubs her on the head resulting in her death.
3rd degree which is more often referred to as negligent homicide is a result of an accidental death. Say a person is talking on their cell phone and fails to stop behind another vehicle and rams the vehicle. Since their was no real intention to commit murder but one was committed entirely on ones negligent act it would be considered negligent homicide.
Attempted murder would constitute a person willfuly and actively attempting to murder someone. For example a person rams a car from behind while on the cell phone but does not result in death then the person at fault can only be charged with traffic violations that resulted in the accident and equally can be held liable in civil court.
For it to classify as attempted murder it must have been a deliberate attempt to murder someone with the sole purpose being the murder itself. Other wise it would be assault with a deadly weapon if it was not intended to murder. Using a car or boat for this attempt would be classified as assault with a dangerous weapon being the car was used as a weapon.
Hope this clears things up a little
1st degree homicide is when a person intentionaly and wilfully plans out a homicide and carries out the act.
2nd degree murder is usually a murder of opportunity. Examples include a husband and wife get in a fight and he picks up a lamp and clubs her on the head resulting in her death.
3rd degree which is more often referred to as negligent homicide is a result of an accidental death. Say a person is talking on their cell phone and fails to stop behind another vehicle and rams the vehicle. Since their was no real intention to commit murder but one was committed entirely on ones negligent act it would be considered negligent homicide.
Attempted murder would constitute a person willfuly and actively attempting to murder someone. For example a person rams a car from behind while on the cell phone but does not result in death then the person at fault can only be charged with traffic violations that resulted in the accident and equally can be held liable in civil court.
For it to classify as attempted murder it must have been a deliberate attempt to murder someone with the sole purpose being the murder itself. Other wise it would be assault with a deadly weapon if it was not intended to murder. Using a car or boat for this attempt would be classified as assault with a dangerous weapon being the car was used as a weapon.
Hope this clears things up a little
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Could it potentially be argued that the act of leaving the scene after the collision constitutes attempted murder given that good doc in this case chose to abandon the scene once he’d hit Rob in the water?
Noting as he must have that a severely injured diver would more than likely not survive an accident of this sort , he chose to abandon him perhaps hoping it would lead to his demise. If he dies, well so does his testimony.
If a heat of the moment argument with one’s wife can lead to second degree murder given that one still has to “choose” to pick up the lamp and bash her with it, could it not also lead to an attempted murder charge if in the heat of the moment of realization that you have hit someone in the water you to “choose” to leave that person to die?
In terms of mitigating circumstances, I don’t see much difference in degree. Of course my inclinations have nothing to do with the actual law in this case.
Cheers!
Noting as he must have that a severely injured diver would more than likely not survive an accident of this sort , he chose to abandon him perhaps hoping it would lead to his demise. If he dies, well so does his testimony.
If a heat of the moment argument with one’s wife can lead to second degree murder given that one still has to “choose” to pick up the lamp and bash her with it, could it not also lead to an attempted murder charge if in the heat of the moment of realization that you have hit someone in the water you to “choose” to leave that person to die?
In terms of mitigating circumstances, I don’t see much difference in degree. Of course my inclinations have nothing to do with the actual law in this case.
Cheers!
Tao of the Dive
Rabid Otter Spotter
Willful negligence comes to mind before attempted murder based on him leaving the scene of the accident. As does the term depraved indifference. As a doctor he was sworn to render aid, as a boater, he is required to render aid, as a human being he should want to render aid. With every decision, there comes a consequence. This 'Doctor' needs to learn this the hard way, unfortunately, he figures being litigious will fix what ails him. He thinks he can hide behind the lawyer he obviously has on speed dial. Speaking of which, did he even call for help, or was his first call to his attorney?
jasonanthonycox
Guest
only in america...
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