Tag Archives: negligence

This Is An Ethics Story. More Than That, It’s Hard To Say…

Read this story, please.

Then consider the 10 questions below.

A summary of the main points…

  • Luke Gibbs’ wife, Rachel, mother of two,  was rendered permanently vegetative after a go-kart accident at a Michigan amusement park, the Family Fun Center, near Grand Rapids.  A long scarf she was wearing got caught in one of the go-kart’s axles, snapping her windpipe.

  • She is now in a long-term care center southwest of London. Her husband is certain that this would never have occurred in England, because the country has more regulations. “There’s no agency in the United States that can say to my children, who are American citizens, this is the way in which we worked to protect your mother and keep her safe,” he said. “I’m confident that accident would not have happened here, part because I think we have more stringent regulation,” he added.

  • Parks are exempted from federal regulation, leaving supervision to the vagaries of the states, and six have no oversight: Alabama, Mississippi, Montana, Nevada, Wyoming and Utah. In the early 1980s, park operators successfully lobbied to shield amusement parks from federal oversight by the Consumer Product Safety Commission. Starting in 1999,  Senator Edward J. Markey sought to mandate federal oversight, but Disney successfully lobbied against it, along with its competitors.

They argued that the federal regulation was not necessary.  Industry studies say there is only a one in 17 million chance of injury at fixed-site parks. The safety commission estimates there were 29,400 amusement ride injuries requiring emergency treatment last year at all types of parks, including  inflatable attractions and even coin-operated rides at shopping malls.

Mobile parks with rides that can be moved, like carnivals and state fairs, are not exempted from federal regulation.

  • When Rachel Gibbs wife was injured, the park appeared unprepared for an emergency. The ride’s operators panicked, and momentarily couldn’t recall the park’s address so emergency vehicles could be called, and could not provide the injured woman with a defibrillator

A 2007 internal memorandum from the park admonished employees to “never admit fault for accidents,” adding, “our common phrase is ‘AJ’s is an at your own risk Fun Park.’” Continue reading

27 Comments

Filed under Arts & Entertainment, Business & Commercial, Government & Politics, History, Journalism & Media, Law & Law Enforcement

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading

60 Comments

Filed under Arts & Entertainment, Character, Law & Law Enforcement, Race, Rights, Social Media, Sports, U.S. Society

From The Ethics Alarms “I Don’t Understand This Story At ALL” Files, Georgia’s Dancing Doctor Fick

YouTube is stuffed with videos like the one above, posted by Dr. Fick, aka Dr. Windell Boutte, a Georgia dermatologist who poses as a plastic surgeon and who has rafts of malpractice suits pending against her. Though she claims otherwise on her website, she is a board-certified dermatologist, but not certified as a plastic surgeon or general surgeon.

However, in the Peach Tree State, every licensed physician is allowed  to perform operations, even if they are not a board-certified. They are not supposed to be dancing while they do, however. Well, this is implicit. Apparently it isn’t made clear enough, at least for this doctor. Boutte posts videos of herself dancing during surgery, like the one above. There are many more.

Thus she is a fick, the first medical variety I have encountered. A fick is someone who is openly, shamelessly, even gleefully unethical. The fact that this hyper-narcissist films herself doing choreography and mugging for the camera while the only thing on her mind should be her patient’s care demonstrates that she is wildly unethical, reckless, irresponsible and unprofessional, and this would be the case if her record for safety was squeaky clean. It isn’t. At least seven malpractice lawsuits against Boutte include claims that she used unqualified staff during procedures that left former patients disfigured. Two additional lawsuit settlements are listed on the state licensing website. And then there is the dancing around unconscious, exposed, patients while performing renditions of popular songs, such as “Bad and Boujee,” “Building up Fat in the Booty” and “Gut Don’t Live Here Anymore, while her staff act like the back-up singers.

(I can’t believe I’m writing this.) Continue reading

19 Comments

Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Health and Medicine, Law & Law Enforcement, Professions, The Internet, Workplace

Comment Of The Day: “Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?”

The comments on this post about the sudden discovery that every computer extant was vulnerable to hacking thanks to two 20-year-old “flaws” were so detailed, informative and excellent that I had the unenviable choice of posting one representative Comment of the Day, or eight. Having just posted eight COTDs on another post last weekend, I opted for one, but anyone interested in the topic—or in need of education about the issues involved— should go to the original post and read all the comments. Forget the post itself—the comments are better.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post, Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?

This is not likely to be a popular opinion among professional programmers, but I feel it needs to be said.

The excuse that computers are complex and that testing to remove all of these flaws would take a prohibitive amount of time just doesn’t hold water. I understand that security vulnerabilities are different from outright bugs: security vulnerabilities are only problems because people deliberately manipulate the system in unanticipated ways. Bugs happen when people inadvertently manipulate the system in unanticipated ways. Some of these ways are incredibly sophisticated and may be infeasible to anticipate. However, having supported computers for the past few years, I’ve seen bugs that should have been anticipated, and zero testing would be required in order to do so.

The problem with testing is that the people testing usually understand the software well enough to know how it is supposed to work, or they are given a few basic things to try, but they don’t have time to test a program with heavy use. Luckily, testing is not the problem.

The problem is that in many cases I’ve seen (and I’ve come to suspect most cases across the software industry) the input and output footprints of code modules are not documented (and if your code contains comments laying out the pseudocode structure, I consider you very lucky). From an engineering standpoint, the input footprint of a system or subsystem describes the conditions the system assumes to be true in order to work effectively. The output footprint describes what effects (including side-effects) the system has or could have on its environment, including if the input footprint is not fulfilled. Those aren’t the official names; I’ve just been calling them that. Continue reading

5 Comments

Filed under Comment of the Day, Ethics Alarms Award Nominee, Science & Technology

Wait, WHAT? NOW They Tell There Are “Two Big Flaws” in Every Computer?

(That’s Meltdown on the left, Spectre on the right.)

From the New York Times:

Computer security experts have discovered two major security flaws in the microprocessors inside nearly all of the world’s computers. The two problems, called Meltdown and Spectre, could allow hackers to steal the entire memory contents of computers, including mobile devices, personal computers and servers running in so-called cloud computer networks.

There is no easy fix for Spectre, which could require redesigning the processors, according to researchers. As for Meltdown, the software patch needed to fix the issue could slow down computers by as much as 30 percent — an ugly situation for people used to fast downloads from their favorite online services. “What actually happens with these flaws is different and what you do about them is different,” said Paul Kocher, a researcher who was an integral member of a team of researchers at big tech companies like Google and Rambus and in academia that discovered the flaws.

Meltdown is a particular problem for the cloud computing services run by the likes of Amazon, Google and Microsoft. By Wednesday evening, Google and Microsoft said they had updated their systems to deal with the flaw.

Here’s the best part:

“Amazon told customers of its Amazon Web Services cloud service that the vulnerability “has existed for more than 20 years in modern processor architectures.”

We trust the tech giants and computer manufacturers to give us secure devices. We then entrust our businesses and lives to these devices.

That there were such massive “flaws” in every computer, and that it took 20 years for those whom we trusted to discover them, is an unprecedented breach of competence, trust and and responsibility. Imagine auto manufacturers announcing that every car in the world had a “flaw” that might cause a fatal crash. I see no difference ethically.

And why is this story buried in the Times’ Business Section, and not on the front page, not just of the Times, but of every newspaper?

 

61 Comments

Filed under Around the World, Business & Commercial, Ethics Alarms Award Nominee, Journalism & Media, Science & Technology

On Unions, Abusive Flight Attendants, Golf Balls In My Hash Browns, And Res Ipsa Loquitur

By now you have heard the latest example of Outrage in the Air, the American Airlines flight attendant running amuck. A video of  part of the incident was posted by a passenger, Surain Adyanthaya, who uploaded it to Facebook. Adyanthaya wrote about what she witnessed on Flight 591  from San Francisco International Airport to Dallas/Fort Worth International Airport, saying,

“OMG! AA Flight attendant violently took a stroller from a lady with her baby on my flight, hitting her and just missing the baby. Then he tried to fight a passenger who stood up for her.”

The basic facts of the episode have been confirmed by multiple passengers, and the altercation has been reported across the news media. Then there is the video. It  does not show the stroller incident that Adyanthaya described, but it does show a female passenger standing at the front of the plane, sobbing uncontrollably as she holds her baby, as she says, “You can’t use violence with a baby.Just give me back my stroller, please.”

A male passenger seated near the front of the plane suddenly comes to the woman’s aid, saying,  “No, I’m not going to sit here and watch this stuff.” He then stands up and demands to know the male flight attendant’s name. The flight attendant who grabbed the stroller appears, prompting the male passenger to warn him.

“Hey, bud, you do that to me, and I’ll knock you flat,” he says. “Hey, you stay out of this!” the flight attendant shouts back at him, pointing his finger at the passenger. He then steps forward, challenging the passenger. “Hit me,” the flight attendant says, motioning with his hands. “Come on, hit me! You don’t know what the story is!”

“I don’t care what the story is,” the defiant male passenger replies. “You almost hurt a baby.”

Boy, from now on, I’m flying United. Continue reading

14 Comments

Filed under Business & Commercial, Etiquette and manners, History, Law & Law Enforcement, Quotes, Workplace

Comment Of The Day (2): “A Definitive Tome About Pit Bulls, Which The Breed Bigots Will Ignore, Naturally”

No, this isn’t my sister’s Havanese, but you get the idea…

“There are two kinds of people…” and one of the most undeniable ways to finish this much-worn sentence is “those who understand dogs and those who don’t.” To understand them is to marvel at them, cherish them, and love them. Not to understand them, as an astounding number of humans do, is to live in ignorance and fear, and to miss out on one of the mystical joys of life: bonding with an animal.

I never fully appreciated this until my younger sister under went a rare midlife conversion, changing sides from the canine-phobic to the dog-allied.  Divorced, she was faced with an empty nest, and though she had always emulated my mother, who had nothing but contempt for dogs (cats too), decided that she could not bear returning to a house with no one to express joy that she had returned.

My wife, who had witnessed  my sister’s callous treatment of our dogs, who were greatly insulted, was dubious, and was certain her new companion, an abusrdly cute, cheerful, silly, dumb as a brick Havanese named “Elphie,” would be neglected. She has never been happier to be wrong.

My sister’s entire attitude has changed, not merely toward dogs, but toward the whole of humanity and the world. She is happier, friendlier, more resilient and less anxious. She has fearlessly assisted a huge lost wolf hybrid; she has guided a wandering Great Dane home; she lets pit bulls leap up to lick her. Now she complains that she missed so many years of interaction with what she has learned are fascinating, empathetic, loving creatures with individual personalities and the ability to surprise and delight every single day.

I thought of my sister as I read Lisa Weber’s Comment of the Day on the most recent Ethics Alarms post about the other side. Here it is:

A dog’s heart is cooperation over competition. Here in SoCal the shelters are full of Pitties and Chi’s and their mixes. I blame greedy ignorant breeders, a throw away society that thinks nothing of getting rid of dogs that become an inconvenience, and a lazy society that won’t put the effort and time into researching before acquiring, socializing and training….but still wants a puppy over an adult dog…

I sit at my desk, typing this listening to the soft snores of the dogs at my feet. All 16 of them. Yesterday there were 17. I had to help one old fellow shuffle off the mortal coil yesterday. Some asshole dumped him and his elderly lady friend at the shelter, claiming they “found them running stray”. Because they were “stray” the shelter by law had to hold them 5 days for their owner to reclaim them, which never happened. See in our state, it costs $80 to surrender your dog, but to drop off a stray is free. Hence we get a lot of strays that certainly weren’t stray.

The little old pug dogs, Monty and Matilda, sat on the cold, cement floor of a kennel terrified for 5 days before I could be allowed to get them. By then they both had caught kennel cough and an intestinal bug. Matilda has a collapsing trachea, and her kennel cough quickly turned to pneumonia. I had to put her in my ICU cage on oxygen twice to save her life. She is recovering now, but still doesn’t want to eat much. Her boyfriend Monty had bizarrely abnormal x-rays and an ultrasound revealed a huge tumor on his liver which was displacing his other organs. I had him just two weeks before having to let him go. At least he died warm and loved with gentle hands and the tears of someone who loved him on his coat instead of on the cold cement with a heart stick. That is how he would have died if I didn’t intervene. Both of them little old balls of furry love. How can humans fail their oldest companions so completely?

Continue reading

9 Comments

Filed under Animals, Ethics Alarms Award Nominee, Family, Law & Law Enforcement, Love