Just as a momentary lapse in judgment can cause a serious automobile accident, a momentary lapse in medical judgment can cause a patient harm. Often, they argue that a Christian should not file a civil lawsuit against another Christian in a secular Court of law, and they believe that the matter should be handled by arbitration or mediation by a wise Christian or Christian friends. A physician who remembers that "altruism comes before self-interest" will be trusted even in adversity. " Three Views of Causation. What Biblical principles govern Christians when fair play falters or disputes arise. After following the steps of Matthew 18, you may treat the other individual as a pagan, not a Christian, because their actions have shown them not to be Christians. Dropping the matter means the wronged party must completely forgive the wrong, even if there is no remorse on the part of the person inflicting the damage. The point of these passages is that the Bible not only recognizes the reality of lawsuits, it sets forth a code of conduct Believers must follow when involved in one. 9-10, Paul outlines a list of sinners who will not inherit the kingdom of God. He has testified as a medical expert on numerous occasions over the past ten years.
God has established courts as a last resort to resolve disputes. But I say to you, do not resist an evil person; but whoever slaps you on your right cheek, turn the other to him also. This implies that disputes between believers can be resolved if the case is presided over by another believer. Denied, 11 S. 2000) (per curiam). But I also feel the urge to pursue a legal case because I'm angry at how his choices are impacting my life and part of me wonders if harsher consequences are truly the only way he'll change (I would say that was true for my father. ) Here are a few considerations that I think are relevant: Whether Christian or not, there are several things anyone will want to consider before deciding to sue: For Christians, there is more: Without quoting them, here are just a few of the Biblical references (with shorthand references) that a Christian will want to consider: Matt. Deuteronomy 25:1 states, "When men have a dispute, they are to take it to court and the judges will decide the case, acquitting the innocent and condemning the guilty. " The Religious Land Use and Institutionalized Persons Act (RLUIPA) prohibits zoning laws that discriminate against churches and other places of religious activities. The biblical steps are set out in Matthew 18:15-17. But even then the Christian should not personally, financially benefit from the lawsuit. In that case, however, it also involves a cessation of relationship, business, spiritual and personal.
In a personal injury claim, there is usually not a pre-existing relationship and therefore no damaged relationship. Even to have such lawsuits with one another is a defeat for you. The Texas Supreme Court disapproved instructing the jury on the definition of "mental anguish. " However, there are some individuals, insurance companies, corporations, government, and other organizations that put profits before people. Legal causation in a malpractice case is far less precise. ' I believe that a lawsuit is justifiable as an option for a Christian, depending on the individual situation, which should be evaluated on a case-by-case basis.
I will name the negligent driver of the truck (who may well be a Christian) as well as the company, in order to obtain the compensation due from his company's insurance. And when that happens, more people will be injured or killed by the defective product. Adversity, handled improperly, can quickly demonstrate an ungodly character. Conclusion: As you can see, the Bible does not forbid lawsuits, but it gives us much direction and even specific examples. Losing a significant portion of what you enjoy in life would undoubtedly cause significant mental anguish, and the law provides compensation for such an injury. Unless there is strong evidence of significant mental anguish, insurance adjusters do not offer much on this aspect of damage (usually it needs to be more than just the person saying they suffered mentally, there needs to be outside evidence – witnesses, doctors, etc., and the evidence needs to be strong) LAW REGARDING MENTAL ANGUISH. When we defend ourselves in a malpractice suit, at least one passage of Scripture should stay in our minds: "But love your enemies, do good to them... [for then] you will be sons of the Most High, because He is kind to the ungrateful and wicked" (Luke 6:35, NIV).
Truitt v. Carnley, 836 S. 2d 786 (Tex. It is here that Christian physicians may be most personally vulnerable. We declare that Jesus Christ is the Lord of all. Moreover, if you look at this passage carefully. We are told in Hebrews 13:5, "Make sure that your character is free from the love of money, being content with what you have. " Anything in the physician's behavior or in the medical record that will support a lack of causation will help prevent both the filing of a malpractice suit and an unfavorable judgment.
What are 5 emotional abuse examples? But when we sincerely feel we did nothing wrong, we can become overly defensive, angry, frustrated, and bitter. They were already taking legal action against one another. Call the Church Law Center today at 949. Absent a theocracy, Christians are to use the Body of Christ to resolve disputes, and then only with restoration of relationships as the primary objective. Texarkana 1988, no writ) (emphasis added) (citing Teledyne Exploration Co. Klotz, 694 S. 2d 109 (Tex. If the plaintiff proves that the defendant acted intentionally, the trier of fact may award up to three times the amount of mental anguish damages. Paul specifically mentions "trivial" cases. In my experience, only one in four of the complaints or filed cases proceed beyond this point. Therefore, the thinking goes, if a cure is normally expected, then a bad result must have been caused by someone's error. How do you know when you should leave a church? This article was published in the St. Louis MetroVoice and may only be reprinted with its permission and the permission of author Robert D. Arb. Can I sue someone because I have been hurt?
3: Personal injuries. Thorough documentation often stops a malpractice suit before it is filed or before it proceeds to trial. In addition, I have seen cases brought to attorneys for the sole reason that the patient was offended by the recorded comments of a physician. Finally, the negligent person or business has a responsibility as well. Psalm 119:105 – "Your word is a lamp for my feet, a light on my path. James Madison proposed the first 10 amendments to the U. S. Constitution [Bill of Rights] including freedom of religion and right to trial by jury in all civil cases in excess of $25. Hopkins County Hosp.
Trivial Disputes Between Members: The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears–to others at least–as "trivial" in nature. 20:25-28, 23:11-12, John 12:26 (servant of Jesus, servant of all); 2 Tim. Just as it would not be fair to blame a physician for every poor result, decades of courtroom experience have determined that it would not be fair to make the patient prove substandard care to a high degree of certainty, given the uncertainty and variability inherent in medical care itself. An example would be an injury that caused a person's vision to be permanently impaired. Philippians 2:3 says, "Do nothing from selfishness or empty conceit, but with humility of mind regard one another as more important than yourselves; do not merely look out for your own personal interests, but also for the interests of others" (Philippians 2:3-4). It is a great business model for them – collect billions of dollars in premiums, and convince their customers that if they make a claim it is unscrupulous or fraudulent. If your church is facing a potential lawsuit, you should immediately consult with an experienced church and religious organization attorney. 2 Larry Burkett, Principles Under Scrutiny, "To Sue or Not to Sue". The extent to which a church is required to prevent these kinds of injuries depends on the situation. Call (863) 287-6388 in Polk County or (813) 287-6388 in Hillsborough County today to schedule a free confidential consultation with an attorney at Your Christian Law Firm, Dean Burnetti Law. This is not the perfect form of justice that only the Gospel can promise, but it is the best form of justice that can help many families who have suffered injuries or death due to the wrongdoing of another.
But, even worse, the company that caused the harm and will continue to harm others is not held accountable. If there is a reasonable possibility of additional future mental anguish, future mental anguish can be recovered. Suits Often Lead To Mediated Settlements: Mediation, which is actually based on Matthew 18, is often used with great success. As Christians, we must stand up against evil. Instead, you yourselves cheat and do wrong, and you do this to your brothers. Houston [1st Dist. ]
Copyright ©2001 by Crossway Bibles, a publishing ministry of Good News Publishers.
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