Posted by Lou Pilder on October 7, 2010, at 14:32:55
In reply to Re: Lou's views-in defense of Dymphna » Lou Pilder, posted by Maxime on October 5, 2010, at 19:09:35
> But Lou, my psychiatrist would never put me on meds or a combo of meds that could harm me. And the pharmacy always double checks if I am on a strange combination of med. They call my psychiatrist to see if mistake has been made.
>
> Dymphna would NOT be held responsible if a combination of meds harmed me in any way (or harmed anyone else in any way). My doctor would be responsible. Dymphna doesn't know my history with meds. And I am sorry, but I disagree with you when you say that Dymphna knows a lot about meds. I don't believe she does. She was just quoting information that she found on the internet. I am not trying to put anyone down, but I am stating the facts.
>
> maxime,
You wrote, [...Dymphna would not be held responsible if a combination of meds harmed me in any way (or harmed anyone else in any way). My doctor would be responsible...].
I am unsure as to what authority, if any, you used here to state that. You do say that the doctor could be responsible, so if the doctor could be responsible, then could also anyone else that is an accessory to others taking a combination of drugs that could be harmful be also responsible?
Now Dymphna may have had extensive training in being a moderator of a forum invloving psychotropic drugs. She may have wanted to know her exposure to liability before she undertook the position of moderator.
Now if she did, she could have been advised of what is known as negligence and also {criminal negligence}. Now criminal negligence has the generally accepted meaning that as a result of negligence a death or serious injury happened. A serious injury in that type of forum could be something like dystonia as in tardive dyskinesia or other serious injuries.
There could have been the question as to if she has a fudiciary duty there. She also could have been concerned about civil fraud or misrepresentation. Another concern could have been {lack of supervision} and other concerns involving what her purpose is in moderating the forum. That could be determined by the TOS there and the forum's mission statement and other criteria, if any, along with the laws in the jurisdiction in question.
Now as to if she would be liable if someone took the combination of drugs in question and she left the post to stand, or let it go, as in internet parlance, and the person taking the combination of drugs died or sufferd a serious injury, I do not think that one in her position would want to be in a situation where she could think that she {could} be held liable.
Let's look at it this way by looking at another type of injury. Suppose a forum allows hatred toward a group of people by fostering racial hatred and a member of that class is attacked emotionally and psychologically on the forum and the moderator allows it by being indifferent to the posts or even saying that the rules have been drafted to allow the racial hatred statements that could arrouse, let's say, antisemitic feelings. And then bullying goes on and a member suffers the infliction of emotional distress from it along with humiliation and embarressment and feelings of unworthiness and defamation. Could the moderstor be held liable for the psychological/emotional injuries to that member if they dd not sanction the post(s)? Could they claim that they were {too busy} to intercede? Could they claim that they did not see the posts?
Lou
poster:Lou Pilder
thread:963115
URL: http://www.dr-bob.org/babble/20100926/msgs/965016.html