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Abortion, Civil Rights, Healthcare and other Social Issues Abortion, Civil Rights, Homosexuality, Education, Healthcare and other such issues

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  #1 (permalink)  
Old 04-03-2007
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Here's A Tough One...

Some guy, who has a particularly drug-resistant strain of Tuberculosis, has been in a hospital jail cell for almost a year, simply because he has a particularly drug-resistant strain of tuberculosis:

Tuberculosis

Not sure how I look at this. On the one hand, public safety has to be considered. On the other, they don't even let the guy have a television set. He's not even permitted to take a shower.

I think, if they have to keep him quarantined like this, he should be given some pretty wide latitude in what he can and cannot have...
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by Steve View Post
Some guy, who has a particularly drug-resistant strain of Tuberculosis, has been in a hospital jail cell for almost a year, simply because he has a particularly drug-resistant strain of tuberculosis:

Tuberculosis

Not sure how I look at this. On the one hand, public safety has to be considered. On the other, they don't even let the guy have a television set. He's not even permitted to take a shower.

I think, if they have to keep him quarantined like this, he should be given some pretty wide latitude in what he can and cannot have...
For once I agree.
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Old 04-03-2007
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Dilettante Dilettante is offline
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Re: Here's A Tough One...

This part of the article appears to be important:

Quote:
County health authorities obtained a court order to lock him up as a danger to the public because he failed to take precautions to avoid infecting others. Specifically, he said he did not heed doctors' instructions to wear a mask in public.
...
County health officials and Daniels' lawyer, Robert Blecher, would not discuss details of the case. But in general, England said the county would not force someone into quarantine unless the patient could not or would not follow doctor's orders.

"It's very uncommon that someone would both not want to take treatment and will willingly put others at risk," England said. "It's only those very uncommon incidents where we have to use legal authority through the courts to isolate somebody."
Since he has another hearing coming up, I assume that he'll be released if he agrees to follow the doctor's orders on keeping his disease from spreading.

It certainly raises some interesting ethical questions though.
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Old 04-03-2007
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Re: Here's A Tough One...

His "crime" was not following doctors order.
Since when are doctors orders law?
I dont recall a law mandating one must listen to their doctor.
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by Beer View Post
His "crime" was not following doctors order.
Since when are doctors orders law?
I dont recall a law mandating one must listen to their doctor.
Well, there isn't one.

The issue here is one of public safety. The Health Department has an obligation to mitigate health risks to the public when they can, which is how this guuy ended up being locked in a cell.

It'll be interesting to see how this one plays out...
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by Beer View Post
His "crime" was not following doctors order.
Since when are doctors orders law?
I dont recall a law mandating one must listen to their doctor.
I don't think he's been formally charged with a crime (I don't understand the limits of authority on a court order).
If he was to be charged, I assume it would be something like 'public endangerment', 'violating a quarantine' or something that nature. I have no idea really.

I don't even know enough about TB to know how dangerous he is, but from a broader perspective, it seems that there must be some provision for the state enforcing quarentine in the face of a dangerous, highly contagious, untreatable disease.
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Old 04-03-2007
Johnny K Johnny K is offline
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Re: Here's A Tough One...

I see this as a case of rights. He has overstepped his by violating the rights of the public in general. Much like:

Your right to throw your fist through the air, ends at my nose. Flail about all you please, but when you inflict harm on another person by doing so, you will be restrained by law.
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Old 04-03-2007
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Re: Here's A Tough One...

I am quite sure his incarsuration will be upheld. However, I think the big question is why they remeoved th inconsequential creature comforts, there was no legitimate reason to deny him his telephone, Television, or computor.
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Old 04-03-2007
Agentorange Agentorange is offline
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Re: Here's A Tough One...

Quote:
Originally Posted by doniston View Post
I am quite sure his incarsuration will be upheld. However, I think the big question is why they remeoved th inconsequential creature comforts, there was no legitimate reason to deny him his telephone, Television, or computor.
Computer virus obviously and then there's that Steven King story: Cell.....
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Old 04-03-2007
MareTranquility MareTranquility is offline
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Re: Here's A Tough One...

Quote:
Originally Posted by Beer View Post
His "crime" was not following doctors order.
Since when are doctors orders law?
I dont recall a law mandating one must listen to their doctor.
People can be prosecuted for deliberately spreading disease. In this case, disobeying the doctors could very well have resulted in hundreds or thousands of cases of this virulent tuberculosis being given to unsuspecting people on the street. This man is more dangerous with his disease than someone with a machine gun--at least with the machine gun you can hear the reports and see the bloody people falling down--all this man has to do is exhale near you and you could contract a disease for which there is no cure.

Part of this is the fault of our failure to provide universal medical care since many people get treated for this disease only when it becomes acute and they get scooped up off the street by emergency medical people and taken to a hospital. Once in the hospital they are treated and released, but many are so poor that they can never do the necessary follow up medication to actually eradicate their condition, so ony the weakest of the tuberculosis germs are killed and gradually an anti-biotic resistant form of the disease is created.
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by MareTranquility View Post
People can be prosecuted for deliberately spreading disease. In this case, disobeying the doctors could very well have resulted in hundreds or thousands of cases of this virulent tuberculosis being given to unsuspecting people on the street.
Fine, then let's charge him with a crime.

He's been locked up in a hospital cell, for almost a year. He's not been charged, at all, with a crime. The Health Department got a court order for it to safeguard public health.

Again, he faces no charges whatsoever...
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by Dilettante View Post
I don't think he's been formally charged with a crime (I don't understand the limits of authority on a court order).
If he was to be charged, I assume it would be something like 'public endangerment', 'violating a quarantine' or something that nature. I have no idea really.

I don't even know enough about TB to know how dangerous he is, but from a broader perspective, it seems that there must be some provision for the state enforcing quarentine in the face of a dangerous, highly contagious, untreatable disease.
It's an extremely contagious, and fatal disease.

The needs of the individual versus the needs of the community - but I have to say that his choice not to take precautions against spreading the disease could be considered criminal. I believe legal precedent exists, in regard to HIV and some other diseases.

However, I do think he should have access to a television - and a DVD player with one DVD that shows information about Tuberculosis in graphic terms.
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by Dilettante View Post
I don't think he's been formally charged with a crime (I don't understand the limits of authority on a court order).
If he was to be charged, I assume it would be something like 'public endangerment', 'violating a quarantine' or something that nature. I have no idea really.

I don't even know enough about TB to know how dangerous he is, but from a broader perspective, it seems that there must be some provision for the state enforcing quarentine in the face of a dangerous, highly contagious, untreatable disease.
Yes. This made me think of good old COURT ORDERS.
I understand infection and plagues dont wait for court orders. lol.
I guess there needs to be one in this case.
Otherwise, we give Doctors implied governance or something like that. Not sure if thats the right term for it.
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Old 04-03-2007
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Re: Here's A Tough One...

Quote:
Originally Posted by Agentorange View Post
Computer virus obviously and then there's that Steven King story: Cell.....
FUUUUNNNNYYYYY (Really)
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