Depraved Indifference or Gross Misconduct

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Depraved Indifference or Gross Misconduct
Topic Started: May 31 2014, 03:23 PM (121 Views)
Phillip	May 31 2014, 03:23 PM Post #1
Blue Star Member Posts: 1,569 Group: Member Member #780 Joined: June 6, 2010	In the VA scandal I understand investigations should be thorough. The outcome if ever completed might result in. *********************************** Depraved Indifference To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. The crime differs from intentional murder in that it results not from a specific, conscious intent to cause death, but from an indifference to or disregard of the risks attending defendant’s conduct." http://definitions.uslegal.com/d/depraved-indifference/ *********************************** Gross Misconduct Common Characteristics of Gross Misconduct While there is no formal definition of what constitutes gross misconduct in the workplace, some accepted descriptions include wanton disregard for the safety of others; deliberate acts of violence or hostility; attempts to financially defraud a company; significant levels of insubordination; and dishonesty through falsification of documents or other forms of misrepresentation. Acts such as poor performance, minor errors in judgment or negligence are not typically considered gross misconduct, but rather as poor performance. http://smallbusiness.chron.com/definition-gross-misconduct-workplace-20540.html I opt for depraved indifference if the investigation proves the allegations to be true.



Bitsy	Aug 27 2014, 10:47 AM Post #2
Veteran Member Posts: 31,383 Group: Member Member #267 Joined: March 11, 2006	Phillip May 31 2014, 03:23 PM In the VA scandal I understand investigations should be thorough. The outcome if ever completed might result in. *********************************** Depraved Indifference To constitute depraved indifference, the defendant's conduct must be 'so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. The crime differs from intentional murder in that it results not from a specific, conscious intent to cause death, but from an indifference to or disregard of the risks attending defendant’s conduct." http://definitions.uslegal.com/d/depraved-indifference/ *********************************** Gross Misconduct Common Characteristics of Gross Misconduct While there is no formal definition of what constitutes gross misconduct in the workplace, some accepted descriptions include wanton disregard for the safety of others; deliberate acts of violence or hostility; attempts to financially defraud a company; significant levels of insubordination; and dishonesty through falsification of documents or other forms of misrepresentation. Acts such as poor performance, minor errors in judgment or negligence are not typically considered gross misconduct, but rather as poor performance. http://smallbusiness.chron.com/definition-gross-misconduct-workplace-20540.html I opt for depraved indifference if the investigation proves the allegations to be true. The investigation is complete and there is no evidence or proof of 40 deaths attributed to wait times in the Phoenix office. Phillip should have opted for Gross Misconduct, I think that more closely describes the problems within some VA offices. Quote: The Veterans Affairs Department says investigators have found no proof that delays in care caused any deaths at a VA hospital in Phoenix, deflating an explosive allegation that helped expose a troubled health care system in which veterans waited months for appointments while employees falsified records to cover up the delays. Revelations that as many as 40 veterans died while awaiting care at the Phoenix VA hospital rocked the agency last spring, bringing to light scheduling problems and allegations of misconduct at other hospitals as well. The scandal led to the resignation of former VA Secretary Eric Shinseki. In July, Congress approved spending an additional $16 billion to help shore up the system. The VA's Office of Inspector General has been investigating the delays for months and shared a draft report of its findings with VA officials. http://www.npr.org/2014/08/26/343326196/probe-no-proof-va-delays-caused-phoenix-veterans-to-die



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