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Re: Absolutely Incredible
Posted by:
Jim Mazerat (IP Logged)
Date: October 25, 2006 08:45PM
Pat:
You are not reading what I am saying any you really do not think much of me if you think I have not extensively research this subject before making comments. I think there is opposing information to your conclusions or hypotheses. The first is, I said the medical profession has numerous standards of care for different types of treatments. I even acknowledged that some illnesses have more than one standard of care for a specific treatment. If you want, I have a cite for this opinion from the Journal of Medicine. Your second conclusion about there is a standard of care for all engineering disciplines does not agree with what is taught at several universities. I choose to use the information from the follow person. This person is a practicing structural engineer with 26 years of experience, the last 21 years as principal of his own firm, Joshua B. Kardon + Company Structural Engineers, Berkeley, California. He is also currently a PhD candidate in Civil and Environmental Engineering at the University of California, Berkeley, where his dissertation topic is the standard of care of structural engineers. The author has been a guest lecturer in undergraduate and graduate courses at UC Berkeley (Professors William Ibbs and Laura Demsetz), and at Stanford University (Professor Richard Meehan), on the topic of engineering failures, professional negligence, engineering judgment, and the standard of care. Some of the material in this paper is drawn from the manuscript of a chapter written by the author for a book on forensic structural engineering to be published. In a paper he presented he stated how a standard of care is determined for structural engineers. Maybe he has no idea what he is talking about.
As you did with this post, you use the word standard in many different ways. In our discussions, lets stick with the definition of the “Standard of Care” from a legal dictionary. This way we are talking about apples and apples. The standard of care is the degree of care that a reasonably prudent person would exercise in the circumstance in question. In negligence law if a person's conduct falls below such standards, he may be liable in damages for injuries or damages resulting from his conduct. In professional malpractice cases, a standard of care is applied to measure the competence as well of the degree of care shown by the professional's actions . A traditional standard for a practitioner is to "exercise the average degree of skill, care, and diligence exercised by members of the same profession (or specialty within that profession), practicing in the same or a similar locality in light of the present state of the profession" See Black's Law Dictionary, 6th edition. 1404-5
You and others keep saying those standards are there. As you did here, you use wording that could be mistaken to insinuate that there is this one document that these professions are taught in the universities. I will challenge you and others to produce the document. I am not saying I will not change my opinion if you can produce these documents.