Criminal Law / Civil Law
- What additional costs may be there beyond what he was asked to pay; the potential harm of his actions.
There are various additional costs that may be there beyond what Dr. Stokes was asked to pay. The victims could have sought punitive damages to be awarded against Dr. Stokes because he was in breach of fundamental rights provided by law governing healthcare safety (Mathiharan, 2006). An award of these of these damages would act to punish the defendant and thereby deter potential negligence cases in the healthcare setting. Beyond reistututition, of thirty-one counts healthcare fraud, the court applied six-level enhancement for the offence that had affected over 250 victims. However, Stokes may face additional costs for failing to exercise due care in his practice.
Although the court determined 126 months of imprisonment as the appropriate sentence for Stokes, the victims may have sought special damages for treatment of conditions they sustained from the exposure. For some patients, Dr. Stokes had removed several tissues from their body that were not cancerous, as a misdiagnosis for cancer. The impact of the action is that most of them had been heavily scared and were still healing. The court may have considered reconstructive surgery costs for such patients. Another potential harm of his action that Dr. Stokes may have caused the victims is psychological torture. During the investigation process, unknowing patients at the time of treatment had to be subjected to a series of tests to establish whether they had contacted any infections. Victims of Dr. Stokes had been psychologically affected by the exposure and may face challenges seeking healthcare from other practitioners lest their negligence cause them the same ordeal.
Dr. Stokes actions had potential human toll on victims and the society at large. Long after the treatment, many patients still suffer the repercussion of his actions. Many patients had been diagnosed for cancerous cases yet Stokes did not sent tissues for testing. This has the implication that patients lived in agony managing their presumed cancer conditions. Such victims may seek compensation for psychological torture they underwent considering that cancer is terminal (Noire, 1985). Such victims may have abandoned their productive lives to manage the presumed terminal condition Stokes had diagnosed them with. They could seek compensation costs for the trauma the error in diagnosis had caused them and their loved ones. Moreover, Stokes had treated over 13,000 patients and after a health alert issue by the Kent County Department calling all Stokes’ patients to test for HIV, Hepatitis B and C. This practice may have put the victims through emotional turmoil and fear as they underwent the tests.
Out of the 776 stokes patients tested in public facilities, 7 of them tested positive for Hepatitis C. The restitution may have also incorporated the costs the infected patients underwent treating illnesses caused by the possible infection from the unsanitary practices of Dr. Stokes. In addition, Stokes practice of sterilizing sutures and equipment in a sterilizing solution did not comply with current standards. As a result, patients who suffered ailments from the presumed conditions may seek damages for any costs incurred seeking additional treatment.
- Whether Dr. Stokes sociopathic behavior may have contributed to his criminal actions
Dr. Stokes Sociopathic behavior could have led to his criminal conduct. Statistics indicate that Sociopaths are classified under the category of people who have a character disorder with 3% of all males classified in this category (Verene, 2010). Dr. Stokes is a male and his conduct may be attributed to this condition. With a thriving dermatology practice, from the sociopathic view, Dr. Stokes may be justified to have committed the malpractice to sustain his luxurious lifestyle. Sociopathic individuals demonstrate criminal behavior because of the risk of personal disturbance such individuals face. Stokes fraud incidences may be justified on the basis that he felt insecure if he was not able to accrue huge amounts to sustain his lifestyle, regardless the means he applied. Specifically related to serial crimes, sociopath is a suitable attribution to the offender. Hence, Stokes may be exonerated on the basis that the repeated malpractices and negligence may be attributed to his conduct. Moreover, sociopaths do not show any form of reasonability and do not meet the reasonable man test hence Dr. Stokes could be exonerated on the basis that the malpractices and negligence committed are attributed to his unstable state of mind.
In their unstable state of mind, sociopaths may unknowingly commit a crime but may show remorse for their action once the normal state resumes (Verene, 2010). A study conducted among sociopaths shows that they are not particularly law abiding and do not conform to regulations. In the same context, stokes failed to comply with the set sterilizing procedures for surgical equipment standards and healthcare regulation for quality and safety. Sociopaths tend to consider themselves above others, are remorseless and narcissistic. Hence, Stokes’ actions can be justified on the basis that he was acting to safeguard his own interests and status. Furthermore, sociopaths are characterized by antisocial behavior and are incapable of feeling guilt and are incapable of feigning emotions. Under these circumstances, Stokes could be exonerated on the basis that he suffers a personality disorder.
References
Mathiharan, K. (2006).Supreme Court on Medical Negligence. Economic and Political
Weekly, 41(2), 111-115.
Noire, K. (1985).Medical Negligence: Who Sets the Standard? Journal of Medical Ethics,
11 (3), 135-137.
Verene, D. (2010).The Sociopath and the Ring of Gyges: A Problem in Rhetorical and Moral Philosophy. Philosophy & Rhetoric, 43 (3), 201-221.
Last Completed Projects
| topic title | academic level | Writer | delivered |
|---|
Are you looking for a similar paper or any other quality academic essay? Then look no further. Our research paper writing service is what you require. Our team of experienced writers is on standby to deliver to you an original paper as per your specified instructions with zero plagiarism guaranteed. This is the perfect way you can prepare your own unique academic paper and score the grades you deserve.
Use the order calculator below and get started! Contact our live support team for any assistance or inquiry.
[order_calculator]