JB: miss 3093 I want to ask you about your patients. I found great interest in, you said that you can put aside what you know about them and treat them with great care.
we have hippa...so
JB: what do you know about them before they are your patients?
only their name the dr and the proceedure.
JB: I am trying to compare that situation to this situation. Have you seen and heard things that you would know about a patient before you see them?
when I am setting up the room, getting the room ready, the circulator will come in and tell me their allergies...then I see the chart and it will list like um, there allergies...I can't give the surgen the knife without everyone knowing it is the left eye. There are policys and proceedures.
JB: make sure it is not the right eye. I misunderstood. You can use information you are given to carry out that task. as opposed to having the info and blocking it out because that would be contrary to what you do...

ullhair: JB is STALLING. IMHO.
JB: the reason I am doing this now is it is our golden opp. what specifically there are a number of instructions HHJP gave you. Reasonable doubt, JP will lay it out at the end of the trial and print out the rules of deliberaton. However during the trial you do not have those instructions with you. Can you hold the state to their burden as it relates to each charge?
yes
JB: different than civil, in civil it is the perponderance, this burden is higher to meet. the charges that were read, you are to consider different charges. each carries the same burden. just because there are several charges there are no insunuation that ica is guilty do you understand?
yes
JB: things that must be proven to have a finding on that charge. some of the charges have two or three. it is like a peanut butter and jelly sandwich...if you are missing the jelly you may have a sandwich but not a peanut butter and jelly sandwich...
Oh my! It's peanut butter jelly time! :woohoo: