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Originally Posted by Bruinrab
Sorry for conflating the issue. I was thinking of all the medical treatments that have been mentioned for various problems.
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No worries
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Sigh. It's just not that simple. If it was, I'd still be planning to have a purely reconstructive practice.
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No, I know it's complex. Please don't misunderstand me. Just like you have a medical take on it, I have a legal take on it. It's the job of the law, any law, to draw lines. It's not just sharia, even our own common law system, judges just have to draw lines, sometimes even arbitrary ones because the law has to have a sense of predictability and a way to balance factors when they hear cases.
The most prominent example is from the case Palsgraf, a very famous torts case which every lawyer knows. A man at a train station was carrying fireworks and he tripped in a way that caused them accidentally went off and hit some lady who was kind of far away causing injury to her legs (burns). She went to sue and lo and behold, the court said she was out of the "zone of danger" and could not recover. The courts, until the case was decided struggled with the whole causality issue between acts and resulting injuries. How far do you take it? The guy could claim he tripped over a defective piece of flooring and the people who made the flooring could claim whatever ad infinitum. Can you have a claim against parents for having bad raising techniques for the members of a street gang? In the end the court draw an arbitrary line.
Yes, sometimes there are people, particularly on the fringes (for lack of a better term), who end up getting the short end of the stick, but this is for the sake of the greater good. This happens in all specialties and I'm sure it happens in the medical field as well. It's not perfect, it's not ideal, but it's how life is.
We both agree that people who have gone through trauma that ends up in scars or deformities can get surgery amongst other things. The rest is blurry, it's complicated, and I guess it's just a matter of the paradigm we're seeing it through.