Salt Lake City, Utah - March 2, 2010 - This news item is all about how to decapitate the incompetent in a rational way. This tidbit of news is about boosting the pay of hospital CEO's and health insurance company execs while fatting up their retirement accounts for an early exit. The Utah Senate took a preliminary vote on a measure that would limit damages to people injured by medical mistakes. The preliminary vote passed 24 -1. If passed it would limit quality of life damages to $450,000. Texas has a similar provision and the case of David Fitzgerald demonstrated how it played out in the Lone Star State. In that case a hospital patient acquired an infection and had all of his arms and legs amputated. A jury's award was later reduced to the decapitated amount, sending him home to suffer silently out of the view of the hospital system that did it to him. Oh and let's not forget those campaign contribution war-chests - this measure will make those legislator's election accounts sweeter and fatter.
To learn more about the subject of limiting what the medically injured won't get you can read these blogs.
Yesterday we discussed David Fitzgerald, a real ... But what about the future David Fitzgerald's who due to faulty medical care no longer have that ability. ... 101k
... PART 2 of 10: The economics of non-economic damages. The curious case of David Fitzgerald. ... Walk with me in the shoes of one David Fitzgerald from Texas. ... 101k
... Let me tell you about how that law plays out with a guy by the name of David Fitzgerald's. I've never met him, wouldn't know David Fitzgerald if I met ... 101k
Yesterday I asked you to read a previous post about one David Fitzgerald. ... Mr. Fitzgerald was hospitalized where he developed an... 101k
Atlanta, Georgia - The 11th Circuit ruled that when it comes to injuring mentally incompetent patients the patient will be considered mentally competent to decide the health care system did something wrong and should be sued. The Court reinstated a Georgia law that made "legally incompetents" competent when it comes to filing a lawsuit within the general two-year statute of limitations. This means by declaration of law Georgia now makes legally incompetents competent to decide if they have one of the most complicated claims that require multiple experts (costing tens of thousands of dollars) who then wrangle over whether or not a professional mistake was made. In this case, Kenneth Deen gets his case dismissed for not recognizing and then filing a medical malpractice claims within the two-year time frame. The District Court considering his claim found this statute violated a mentally incompetent's Constitutional rights (the Equal Protection Clause); probably had something to do with him being determined to be mentally incompetent. But the higher Court found the State of Georgia's reasoning "rationally related to a legitimate state interest." I wonder what that rational interest was; it must have to do with money. So I guess the higher Court is more competent to decided the legislative action is more rational than legally incompetents, at least when it comes to harming people in medicine. I must have missed it, what exactly is the rational part?
Chicago, Illinois - This one I'm calling "How the Pope is chosen." In a further sign that the legal world is full of mixed messages a lawyer in Illinois has been named the 2010 Medical Malpractice Lawyer of the Year. OMG! You must be kidding; when did that happen; did I miss the awards ceremony? Wait a mixed-message-minute, how can that be? It's only March 3rd. Is this a gimmick? Well, maybe Steve, just maybe it is. Apparently there is a book that says he is the 2010 MMLY. Does this mean if it's in print it must be true? The book, the 16th Edition of The Best Lawyers in America and in past years the book has named more than 86 lawyers the best of the best of the best in the USA. I wonder if they were all named by March 1st of their year of Papacy. Maybe some day I'm going to get named Pope Steverino Lombardini. Oh wait, the Best Lawyers is a trade marked name. And they say there are just shy of 40,000 Best Lawyers in America. Now if every lawyer in America signed up, and I'm sure they would take our money, could we all be named Best Lawyers in America? And if we did would there then be way to name the Worst Lawyers in America? I guess that's not so special after all. Could this be marketing thing? Sort of like Paris Hilton being famous for trying to be famous. I'm kinda confused so allow me to ask another question. Today's question of the MMM has to do with being a Super Lawyer. If I become a Super Lawyer would I get to wear a mask, a decoder ring, tights and a cape? And as Super Lawyers or MMLY's do we have to see clients while on vacation? Enough of this let's get down to more serious questions like what about Bob?
What about Bob?
Roses are red,
Violets are blue.
I'm a schizophrenic ...
And so am I.
China - In China more than 83,000 people died last year while working. There were 380,000+ work related accidents. You can read all the deadly statistics by following the link to the Gazette from Canwest News Service.
Stockton, California - In this news item a doogie-doo-did when he should have didn't. A big rig overturned spilling ammonium nitrate all over the Crosstown Freeway Tuesday as the driver swerved to avoid a dog. I think next time the driver should probably just run the rig right over the dog.
Allison, Iowa - Iowa is a place of good moral upbringing. Here in Ioway we wonder why the young people move away to parts unknown filled with sinning sinners. We claim to raise our young with good solid values. Late yesterday afternoon Mark Becker the young man on trial for the murder of Ed Thomas was found guilty of first-degree murder. The jury rejected the defense claim of insanity. This jury actually found him legally sane (cough-cough, do as I say not as I do...) at the time he committed the act. Here is the Butler County Sheriff's surveillance video of Mr. Becker just after the arrest - in it he's supposed to be, hmmm ... Sane? I have to wonder exactly what the jurors were thinking that allowed them to choose a guilty verdict over finding him not guilty by reason of insanity. In the Mark Becker murder trial what exactly is the lesson we taught our children about the legal justice system? And we wonder why this up-and-coming generation seems confused.
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