From Institute for Justice’s Short Circuit newsletter: “How many times can an eye surgeon accidentally operate on the wrong eye before his surgical privileges are revoked? Three is the magic number at the Murfreesboro, Tenn. Veterans Affairs hospital. Sixth Circuit: And the revocation does not violate the due process of law.” [or constitute retaliation under employment discrimination law; Ahad v. Wilkie]
One Comment
Wrong site surgery is such an egregious mistake that one incident should prompt remedial actions and a second act should be grounds for revocation of privileges. Privileges are not rights; they don’t accrue to us just by being born. Privileges are earned and contingent on behavior. Obviously, IANAL. BTW, I don’t like the use of the term “accidental” for careless or negligent behavior.