(Congressional Agenda) – The political climate is already at a steady boil two years out from the 2024 presidential election, but the temperature is starting to rise once again and people are picking sides in the greatest divide along party lines this country has seen in many years. The difference between the Republican Party and the Democratic Party was put on full display thanks to a tweet from Rep. Eric Swalwell, who took to social media in order to mock the idea of parents making major decisions concerning how their children are educated.
Fox News writer Jonathan Turley went on to say “The California Democrat insisted that it is akin to ‘putting patients in charge of their own surgeries? Clients in charge of their own trials?’ Swalwell declared: ‘Please tell me what I’m missing here … This is so stupid.’
Well, what he’s missing is a brain and any sense of common human decency. He is, after all, the one who allegedly slept with a Chinese spy. Just sayin’.
But that’s not all he’s missing. According to Turley, he’s also missing informed consent, which is unreal since he’s supposed to be a lawyer. But, since he asked for a helping hand, Turley is more than happy to oblige.
Please tell me what I’m missing here. What are we doing next? Putting patients in charge of their own surgeries? Clients in charge of their own trials? When did we stop trusting experts. This is so stupid. pic.twitter.com/VZRMZpp234
— Rep. Eric Swalwell (@RepSwalwell) November 10, 2022
“American torts have long required consent in medical torts. Indeed, what Swalwell seemed to suggest would be battery for doctors to make the key decisions over surgical goals or purposes. Indeed, even when doctors secured consent to operate on one ear, it was still considered battery when they decided in the operation to address the other ear in the best interests of the patient. Mohr v. Williams (Minn. 1905),” Turley wrote.
He continued, “In Canterbury v. Spence the court rejected claims that a physician can make key decisions given ‘the patient’s right of self-determination.’ Thus, doctors in the United States do have to secure the consent of patients in what they intend to do in surgeries or other medical procedures. (There are narrow exceptions such things as ‘substituted consent’ or emergencies that do not apply here).”
Turley then pointed out that the state of California has one of the country’s strongest patient-based consent rules. The California Supreme Court stated in the case of Cobbs v. Grant back in 1972, “Unlimited discretion in the physician is irreconcilable with the basic right of the patient to make the ultimate informed decision regarding the course of treatment to which he knowledgeably consents to be subjected.”
“While obviously a patient cannot direct an operation itself, the doctor is expected to explain and secure the consent of the patient in what a surgery will attempt and how it will be accomplished. That is precisely what parents are demanding in looking at the subjects and books being taught in school. Moreover, that is precisely the role of school boards, which has historically exercised concurrent authority over the schools with the teachers hired under the school board-approved budgets,” Turley explained.
The Fox News contributor then explained that Swalwell is also wrong in his suggestion that clients aren’t in charge of their own trials. He said that attorneys not only must secure the consent of clients on what will be argued in a trial, but they can actually be removed by the clients they represent for failing to adequately represent their interests. It would then be considered malpractice for an attorney to tell a client, as the congressman suggested, that they do not have any sort of major control over their own cases.
These are things that Swalwell, an attorney himself, ought to know inside and out. It’s shameful and a blight on the profession that this man was allowed to practice law. Then again, what do you expect from a guy who gets love drunk and duped by a foreign intelligence operator?
“Ironically, the informed consent is defined in the Model Rules of Professional Conduct as the ‘agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct,'” Turley said.
He then added, “Obviously, lawyers must follow their own ethical and professional judgment in trials, and tactical choices are generally left up to the lawyers. However, the main objectives of the trial remain for the client to ‘knowingly and voluntarily assume the risks of a particular course.’ Metrick v. Chatz (Ill. App. Ct. 1994).”
Just like the claims made by parents, clients demand the right to reject a specific plan for trial and the arguments that are suggested for use in the trial. The right of consent is ongoing and is something a client can use at any time during the litigation.
“Of course, the key to informed consent is that parents are given the information needed to secure their consent. School districts have been resisting such disclosures and pushing back on parental opposition to major curriculum or policy decisions,” Turley explained. “What is most striking about Swalwell’s reference to patients and clients is that they, under his educational approach, have far more voice in a wart removal or a parking ticket challenge than the education of their children. If anything, his analogies support the call for greater parental knowledge and consent.”
Swalwell’s reference to patients and clients only highlights that fact that, under his educational approach, parents have far more say in a wart removal or a parking ticket challenge than the education of their children. https://t.co/H18Z1hEyAU
— Jonathan Turley (@JonathanTurley) November 13, 2022
Turley summarized what Swalwell “was missing” is that his interpretation could end up resulting in medical and legal malpractice.
Copyright 2022. CongressionalAgenda.com
What is with these libturd puppets making threatening accusations when their backyard is a landfill – especially this clown who was having relations with a chinese spy or were they hoping that their premise that the American is a forgetful village idiot. Please note that the deeper a puppet is blackmailed or extorted, the more insulting they are with their accusations as their puppet masters require them to be or they will soon be removed from their position bc they sold their soul and are not delivering.
ALL democrats are the most ignorant people on earth. That’s why they hang together no matter what ridiculous subjects pop up. Never trust a democrat!
He just said it out loud, the dems all think, that they should make the decisions in your life, all of them, because they are smarter, than you are yours, and they may be right because we the people keep reelecting them , to change all laws to support their agendas.