View Full Version : Should Jesica have had the dontaion choice?
Wile E. Coyote
24th February 2003, 11:20 AM
I was wondering. As illegal immigrants, why does Jesica's family have the right to deny donation of her organs?
Why did they have a right to the procedure?
Why do they have a right to sue?
The family did not see fit to enter the country as legal, paying immigrants, so what gives them the right to use the health care system that they did not pay for?
Does this kind of thing happen often?
Plutarck
24th February 2003, 04:24 PM
As to the right of refusal to donate organs, I don't believe there is any right of the government or medical establishment to seize anyone's organs.
As to the right to the procedure, I'm not aware of a 'right', anymore than I am aware of any right I have, or anyone else has, to such a procedure.
As to suing, I don't believe the right to engage in legal action for the redress of grievances is reserved only for citizens; the constitution has little to say about noncitizens, so far as I am aware.
If someone doesn't pay any taxes, legally or not, do they have the right to use the medical system? It's not like they payed for it. Further, if you pay more taxes do you have a greater right of use than someone who pays less? I don't think "right" is a very good word for this.
Dunno about the rate of occurance.
reprise
24th February 2003, 04:40 PM
All of the reports I've read to date indicate that the first transplant was paid for with money raised through fund-raising efforts of the family and friends. It certainly wasn't unreasonable to expect Duke to foot the bill for the second transplant, given the circumstances which created its necessity.
I'm not a citizen of the US, but there are certain medical procedures not available in Australia which would be available to me in the US. I suspect that in the event of those procedures being performed negligently, US courts would uphold my right to sue as long as the contract for the performance of those procedures was - itself - found to be legal.
HarryKeogh
24th February 2003, 07:46 PM
maybe im just being overly sensitive but this thread comes across as being very cold.
how about we wait a few more days before we rip into the family. they are suffering.
Plutarck
24th February 2003, 07:51 PM
Originally posted by HarryKeogh
how about we wait a few more days before we rip into the family. they are suffering.
Well, as long as they aren't reading this, I think we're safe on that point. Further, I don't think there would be any reasonable stretch of time after which they wouldn't be suffering, soo...
Wile E. Coyote
25th February 2003, 09:15 AM
Originally posted by HarryKeogh
maybe im just being overly sensitive but this thread comes across as being very cold.
I was not trying to argue the "rightness" of the whole situation, I was merely attempting to learn a few things about the rights of illegal immigrants. I find it odd that the same people who feel it is ok circumvent the system are the ones who cry foul when it does not work for them. I wonder why non-tax paying, illegal immigrants are allowed to tie up the court system.
These people use the roads, the post office, the police force, the school system, etc. without contribution. Legal immigrants pay taxes. I have nothing against legal immigrants. Illegal immigrants are criminals.
I feel sorry for the family, but I do not think they should have the right to sue. After all, they will be getting their money from the honest, tax-paying members of society.
HarryKeogh
25th February 2003, 10:21 AM
Originally posted by tjwojo
I was not trying to argue the "rightness" of the whole situation, I was merely attempting to learn a few things about the rights of illegal immigrants. I find it odd that the same people who feel it is ok circumvent the system are the ones who cry foul when it does not work for them. I wonder why non-tax paying, illegal immigrants are allowed to tie up the court system.
These people use the roads, the post office, the police force, the school system, etc. without contribution. Legal immigrants pay taxes. I have nothing against legal immigrants. Illegal immigrants are criminals.
I feel sorry for the family, but I do not think they should have the right to sue. After all, they will be getting their money from the honest, tax-paying members of society.
they dont have the right to sue? the hospital put in the wrong organs and the family doesnt have the right to sue??? and btw they'll be suing the hospital that made the mistake. not society.
i'm all against frivolous lawsuits but this isnt one of them. And from what i understand the justice system can be used by illegal immigrants. if an illegal mexican immigrant was murdered by an american that american would stand trial for murder. i understand all your points i just dont agree.
Wile E. Coyote
25th February 2003, 01:00 PM
Originally posted by HarryKeogh
they dont have the right to sue? the hospital put in the wrong organs and the family doesnt have the right to sue??? and btw they'll be suing the hospital that made the mistake. not society.
Any lawsuit costs the tax-payers money. So in a sense they are using the justice system, which they have refused to respect, for their own personal gain. They did not want to face the justice system until they needed it. How is this right?
Originally posted by HarryKeogh
i'm all against frivolous lawsuits but this isnt one of them. And from what i understand the justice system can be used by illegal immigrants. if an illegal mexican immigrant was murdered by an american that american would stand trial for murder. i understand all your points i just dont agree.
I realize that this is not a frivolous lawsuit.
You are confusing criminal justice with civil justice. Murder is not a case where an individual has the choice on whether to press charges or not. The state presses charges. With civil suits, an individual is using the justice system as a mediator in a dispute.
I believe that all humans should have certain rights, but I also believe that you should obey all the rules if you want the protection offered by those rules to apply to you. Do you think it is right when criminals sue their victims for injuries sustained during the criminal act?
It may seem cold and perhaps xenophobic, but there are laws on immigration for a reason. A lot of people want to come to America for its benefits, but they do not want to contribute to the support for those benefits, namely taxes.
© 2001-2009, James Randi Educational Foundation. All Rights Reserved.
vBulletin® v3.7.7, Copyright ©2000-2012, Jelsoft Enterprises Ltd.