"Come in to my office. How are you today?"
"I am fine."
"How has your health been since I last saw you?"
"Oh, I have had two colds, but I have been all right."
"Would you put a "Johnny" on so I can examine you? I'm going to step out and let you change clothes."
"Hello again. First, I'm going to take your blood pressure. Take deep breaths. Do you need any medicines today?"
"No, I do not."
"We think that you should have your blood drawn. I will have my secretary make another appointment for you in two months."
This is about 20 or 25 minutes in the office or examining room. Does your doctor have any time to get to know you? Yes, he does look at your medical record. Is she or he able to interpret what she or he reads in the medical record about the person he or she sees in the office or examining room? No, I do not think so.
We are in the 21st century. Doctors, or medical students, have to learn about the body, the blood, and the veins, bones, muscles, diseases, genetics, birth defects, etc. etc. Medical students might be taught how to develop good interpersonal relationships with their colleagues and their patients. Do they have time to socialize with their friends, family, wife, children, significant others? No, they might not have. Or, they will have time. If they do have time, they will compromise their education. During the day, they are medical students. During the night, they are medical students.
"Educate", "To Bring It To Their Attention" and all these kinds of phrases do not enlighten "The Medical Realm". I know "The Medical Realm" as a "Patient" and as a "Medical Research Assistant".
"The Medical Realm" must be properly socialized in "Medical School" to interpret their patients' life (outside the examining room), the law and numerous issues. They must be socialized and have the knowledge to apply "Such Knowledge". What I think that I am saying, inside "The Medical Realm" and outside "The Medical Realm"; they must properly know how to develop interpersonal relationships and any other issues pertaining to their "patients".
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Work in Progress
Section 13K. (a) For the purpose of this section the following words shall, unless the context requires otherwise, have the following meanings:—
“Abuse”, physical contact which either harms or creates a substantial likelihood of harm.
“Bodily injury”, substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin.
“Caretaker”, a person with responsibility for the care of an elder or person with a disability, which responsibility may arise as the result of a family relationship, or by a fiduciary duty imposed by law, or by a voluntary or contractual duty undertaken on behalf of such elder or person with a disability. A person may be found to be a caretaker under this section only if a reasonable person would believe that such person’s failure to fulfill such responsibility would adversely affect the physical health of such elder or person with a disability. Minor children and adults adjudicated incompetent by a court of law may not be deemed to be caretakers under this section.
(i) “Responsibility arising from a family relationship”, it may be inferred that a husband, wife, son, daughter, brother, sister, or other relative of an elder or person with a disability is a caretaker if the person has provided primary and substantial assistance for the care of the elder or person with a disability as would lead a reasonable person to believe that failure to provide such care would adversely affect the physical health of the elder or person with a disability.
(ii) “Responsibility arising from a fiduciary duty imposed by law”, it may be inferred that the following persons are caretakers of an elder or person with a disability to the extent that they are legally required to apply the assets of the estate of the elder or person with a disability to provide the necessities essential for the physical health of the elder or person with a disability: (i) a guardian of the person or assets of an elder or person with a disability; (ii) the conservator of an elder or person with a disability, appointed by the probate court pursuant to chapter two hundred and one; and (iii) an attorney-in-fact holding a power of attorney or durable power of attorney pursuant to chapter two hundred and one B.
(iii) “Responsibility arising from a contractual duty”, it may be inferred that a person who receives monetary or personal benefit or gain as a result of a bargained-for agreement to be responsible for providing primary and substantial assistance for the care of an elder or person with a disability is a caretaker.
(iv) “Responsibility arising out of the voluntary assumption of the duties of caretaker”, it may be inferred that a person who has voluntarily assumed responsibility for providing primary and substantial assistance for the care of an elder or person with a disability is a caretaker if the person’s conduct would lead a reasonable person to believe that failure to provide such care would adversely affect the physical health of the elder or person with a disability, and at least one of the following criteria is met: (i) the person is living in the household of the elder or person with a disability, or present in the household on a regular basis; or (ii) the person would have reason to believe, as a result of the actions, statements or behavior of the elder or person with a disability, that he is being relied upon for providing primary and substantial assistance for physical care.
“Elder”, a person sixty years of age or older.
“Mistreatment”, the use of medications or treatments, isolation, or physical or chemical restraints which harms or creates a substantial likelihood of harm.
“Neglect”, the failure to provide treatment or services necessary to maintain health and safety and which either harms or creates a substantial likelihood of harm.
“Person with disability”, a person with a permanent or long-term physical or mental impairment that prevents or restricts the individual’s ability to provide for his or her own care or protection.
“Serious bodily injury”, bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.
(a1/2) Whoever commits an assault and battery upon an elder or person with a disability shall be punished by imprisonment in the state prison for not more than 3 years or by imprisonment in a house of correction for not more than 2 1/2 years, or by a fine of not more than $1,000, or both such fine and imprisonment.
(b) Whoever commits an assault and battery upon an elder or person with a disability and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment.
(c) Whoever commits an assault and battery upon an elder or person with a disability and by such assault and battery causes serious bodily injury shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.
(d) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly permits bodily injury to such elder or person with a disability, or wantonly or recklessly permits another to commit an assault and battery upon such elder or person with a disability which assault and battery causes bodily injury, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.
(d1/2) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly commits or permits another to commit abuse, neglect or mistreatment upon such elder or person with a disability, shall be punished by imprisonment in the state prison for not more than 3 years, or imprisonment in the house of correction for not more than 2 1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
(e) Whoever, being a caretaker of an elder or person with a disability, wantonly or recklessly permits serious bodily injury to such elder or person with a disability, or wantonly or recklessly permits another to commit an assault and battery upon such elder or person with a disability which assault and battery causes serious bodily injury, shall be punished by imprisonment in the state prison for not more than ten years or by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than ten thousand dollars or by both such fine and imprisonment.
(f) Conduct shall not be construed to be wanton or reckless conduct under this section if directed by a competent elder or person with a disability, or for the sole reason that, in lieu of medical treatment, an elder or person with a disability is being furnished or relies upon treatment by spiritual means through prayer if such treatment is in accordance with the tenets and practices of the established religious tradition of such elder or person with a disability, and is provided at the direction of such elder or person with a disability, who shall be competent, or pursuant to the direction of a person who is properly designated a health care proxy under chapter two hundred and one D.
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