VA ‘QUACK’ SCANDAL IN MONTANA WORST YET – "DEPRAVED HEART MURDERS"
PATIENT DEATHS MAY BE HOMOCIDE
By Gordon Duff STAFF WRITER
When a whistleblower brought records of 28 veterans who were undiagnosed and untreated to VA authorites in Montana, he was threatened, bullied and abused. No surprise here. When forced to investigate, the hospital quickly found all claims were false.
The doctors name is secret. We assume he is a radiologist. He treated 5800 patients, some are known to have died. Was this simple "malpractice" or a pattern of criminal behavior that may have led to the deaths of many Montana veterans?
Examining the VA Inspector Generals report , we now understand more. Not only did this doctor falsify medical records but failed to diagnose and treat countless patients but he falsified records showing false diagnoses and treatments. It is extremely unlikely that many patients didn’t die because of these actions. This is how the law looks at this, when it applies to doctors:
"The requisite mental state necessary for a conviction for violating public health laws requires a showing of more than simple negligence in the exercise of a clinical medical judgment, but rather requires proof of a "willful" failure to provide timely, consistent, safe, adequate, and appropriate treatment and/or care." The People v Einaugler. 618 NYS2d 414 (NY App 1994)
"Second-degree murder based on applied malice is committed when the defendant does not intend to kill but engages in conduct that endangers the life of another and acts deliberately with conscious disregard for life. An essential distinction between second-degree murder based on applied malice and involuntary manslaughter based on criminal negligence is that in the former, the defendant subjectively realized the risk to human life created by his conduct, whereas in the latter the defendant’s conduct objectively endangered life, but he did not subjectively realize the risk. [In any event], the defendant [must be found] guilty beyond a reasonable doubt." The People v Klvana. 15 Cal Rptr2d 512 (Cal App 1992)
In California, such a crime is called a "depraved heart murder." I quote an article from the Health Law and Policy Institute:
"The California criminal statutes provide for malice to be implied by circumstances that show "an abandoned and malignant heart" (California Penal Code § 188). Commentators have remarked that in order to constitute implied malice, the conduct must demonstrate exposure of the victim to a very high degree of risk, interpreted as more than unreasonable risk and more than simply high risk.
The Model Penal Code approach allows designation of reckless conduct as murder only if the act in question was done "under circumstances manifesting extreme indifference to the value of human life." ……
Typical circumstances in which prosecution for depraved heart murder is successful include: shooting a firearm into a dwelling or moving automobile and driving a motor vehicle through crowded streets at high speed. Other circumstances viewed as likely to qualify for this type of prosecution include dropping heavy objects from tall buildings and piloting a speedboat through a group of swimmers."
Looking at the VA report and the number of people involved before, during and after, the potential for, literally, hundreds of criminal charges exists.
Based on recent applicatons of law, the majority of prosecutions of doctors have been related to abortions. Our question is simple: Will the legal community afford the same protections to veterans as it would a fetus?
Gordon Duff is a Marine combat veteran and regular contributor on political and social issues.
Gordon Duff posted articles on VT from 2008 to 2022. He is a Marine combat veteran of the Vietnam War. A disabled veteran, he worked on veterans and POW issues for decades.
Gordon is an accredited diplomat and is generally accepted as one of the top global intelligence specialists. He manages the world’s largest private intelligence organization and regularly consults with governments challenged by security issues.
Duff has traveled extensively, is published around the world, and is a regular guest on TV and radio in more than “several” countries. He is also a trained chef, wine enthusiast, avid motorcyclist, and gunsmith specializing in historical weapons and restoration. Business experience and interests are in energy and defense technology.