Doctors would be reluctant to practice in facilities with limited resources if a wrong step could land them in jail, he said. I'm not sure we could find qualified doctors to work in small towns anymore if prosecutors had succeeded in my case. But prosecutors see such dire predictions as doctors' justification for placing themselves above the law. They emphasize that murder does not require an intent to cause harm. An extreme departure from the standard of care, with conscious disregard for the danger that creates for the patient, is no different than a drunk driver who takes the wheel despite knowing the risks posed to others on the road, said Brian R. Kelberg, a Los Angeles deputy attorney general in charge of the office's medical section.
Doctors are no different than presidents, judges, prosecutors.
If their conduct falls within the legal definition, they shouldn't be exempted just because they're doctors. Dr. Dickey bristles at the charge that physicians expect special treatment. Prosecutors had charged that Dr. Schug failed to recognize the gravity of the boy's condition on three visits to the emergency department, made a series of clinical mistakes and attempted to cover up his missteps by having the baby's parents drive him to a tertiary facility an hour away. The coroner's report stated that the baby died of a massive infection and dehydration. Ultimately, the panel indicted Dr. Schug on charges of second-degree murder, involuntary manslaughter and child endangerment Experts for Dr. Schug were prepared to testify that the child had contracted a rotavirus and that Dr. Schug faced a rare convergence of events that made successful treatment virtually impossible.