gbaji wrote:
It's one way or the other. Either we treat doctor's diagnoses as infallible, and absolve the people for believing it, but then blame the doctor for being wrong, or we treat them as fallible and absolve the doctor and blame the people for allowing the diagnosis to be used to release him in the first place. Pick one. You can't argue both at the same time.
Of course you can. What kind of strange planet do you inhabit? You take a medical opinion as the best possible basis for making a decision which must be based on medical grounds. How complicated is that to understand? You know there is a small probability it might be wrong, but it's still the best possible basis on which to make such a decision, so you do. Even after having considered, and acknowledged, the fact that it could possibly be wrong.
You, personally, can choose to blame the doctor. That's fine, it's your right, he clearly got that one wrong. But that's about as far as it goes, and it's not amazingly useful since with hindsight we can all be experts about everything, including prognosis of cancer, it seems.
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See how that works? Either he assumes it is correct, in which case the doctor is criminally liable for delivering false evidence, or he assumes it could be incorrect, in which case the judge should never have released him. Again, you can't argue both at the same time.
Yeah, same answer as above, but this time replace "medical" with "legal" and "doctor" with "judge".