I’ve covered the apology shield and today will be my last post on this subject, at least for now. I see it as state sanctioned approval of lying under oath. Some may disagree, but let me demonstrate my point of view with a small hypothetical.

 

HYPOTHETICAL

 

July 8, 2008 – Surgery. Following the surgery the doctor approaches the patient and states how sorry he is that he’s made a mistake and removed the wrong kidney. He explains that he was just too busy to read the chart before starting the surgery room. He further states that no one on the surgical team pointed out his obvious error because they too must have not reviewed the patient chart.

 

September 10, 2008 – The patient visits with an attorney and files suit alleging the doctor and surgical staff violated the standard of care by failing to read the chart and by operating and removing the healthy, rather than the diseased kidney.

 

May 12, 2009 – Trial in Polk County, Iowa. Direct examination.

 

Lawyer's Question: Doctor did you do anything wrong?

 

Doctor's Answer: No.

 

Lawyer: May I approach your honor?

 

Judge: Yes, let’s call a recess and meet in chambers.

 

Lawyer: I’d like to introduce the doctor’s statements that he made right after the surgery apologizing and admitting he made a mistake.

 

Defense Lawyer: Your Honor we object and cite the medical apology shield law that makes the words of apology inadmissible.

 

Lawyer: You’re honor the doctor has denied under oath doing anything wrong, when in fact he’s previously admitted to doing several things wrong.

 

Judge: My ruling is you can’t use the previously inconsistent statements to show he’s lying. The law doesn’t allow it; the law shields the doctor’s previous apology.

 

Lawyer: But your Honor that would then be hiding the truth from the jury. That would mean we are allowing the doctor to perjury himself.

Is this a preposterous scenario? No. We now have state sanctioned lying to juries. What shall we call this, officially sanctioned perjury? Or is it a license to commit perjury? Pick your poison; it’s all the same. What we now have in America is Communist style propaganda. The truth has simply become an inconvenient fact that the government rewrites and that Judges, in the name of abiding by the law, simply rubber stamp. In my mind, a revolution can’t be far off into the future. Good luck America.

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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