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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Under Maine law: " If, based upon clear and convincing evidence, the court finds that a public health threat exists, the court shall issue the requested order for treatment or such other order as may direct the least restrictive measures necessary to effectively protect the public health."

In other words, Maine would be stupid to go to court because  no judge is going to order a quarantine. And this is why Christie let her go - he's a good enough lawyer to know he'd lose.[/quote]

Nope, sorry. Any judge is going to defer heavily to the health dept on what constitutes "clear and convincing evidence" of a threat. There's nothing in this law that requires an actual, current infection. The significant probability of infection, combined with the severity of the disease, is enough to support quarantine. Especially in a case such as this where the nurse has made clear public statements that she intends to defy ANY public health measures whatsoever. In this particular case, her conduct warrants even more restrictive measures. [/quote]

The judge is NOT going to defer to the health department. Please don't speak about how the court system works, if you don't have any knowledge or experience. The health department has the burden of proof. Both sides are going to put up experts to testify on how this woman affects public health.  It's not going to be based on how scared y'all are or preventing panic. It's going to be based on how much risk she poses for infecting others. It's also going to be based on whether a less intrusive method (ie. self-monitoring of temperature) can be used.  Since that method has been used to good effect so far and since no HCW has caused an infection, the clear and convincing evidence is that quarantines of asymptomatic HCWs is really, really stupid. [/quote]

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