Andrew Lentvorski wrote:
One problem is that sins of commission (device fails -> someone dies) have a much larger emotional impact that sins of omission (no device -> thousands of people who could be saved die).
Fortunately the economic impact is a bit different, so the cost benefit analysis works out pretty well except for one thing: ludicrous law suits and awards. Fortunately they are far less common than the press would have you believe, but they still cause the cost-benefit analysis on the "sins of commission" side to be overly pessimistic.
However, nobody wants to discuss that because it's ethically troublesome. Thus, our government stocks anthrax treatments which are unlikely to save anybody rather than buying flu vaccinations for every citizen, an action which would save people every year.
Well, once you throw politics in it, you can't expect rational outcomes. ;-) On the business side the playing field is more favourable.
Quality-of-life procedures like Lasik are going to bring this discussion to the fore. There are long term problems that are caused by things like Lasik that are either going to get discussed or are going to wind up in court.
Elective surgery is nothing new, and frankly I think the strategy for this is perfectly fine: you tell people that there are problems, you tell them what the problems are and what the chances are, and then you let them make up their own minds. The courts tend not to have a problem with this. What they have a problem with is a) lack of full disclosure or b) cases where someone doesn't really have a choice. The real problem is a) because, for example, with something like a car, there are just so many design decisions that could have an impact on safety, it's really hard to make a list and have a customer go over them all.
And court is a terrible place to have that discussion. See silicone breast implants, for example.
More like a poorly educated jury with no real training in critical thinking is a terrible place to have said discussion. I tend to look at it as one of the few counter balances that keep businesses interested in the quality of our public school system. ;-)

--Chris

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