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Tort Reform: A Plaintiff’s Lawyer’s View

Whistleblower readers know my views on the medical liability system. I have devoted more posts to tort reform than to any other issue. Readers, whose blood pressures are adequately controlled, are invited to review those posts on this blog under the Legal Quality category. (I was tempted to name the category Legal Abuse, but wanted to keep the category names consistent.) I review many legal blogs, most of which are ideological rants against physicians that express steadfast fidelity to the current system. If the medical community were as united and focused as the trial lawyers are, our future would be more sanguine. Gerald Oginsky is a plaintiff’s attorney who sues physicians. I have never met him and he has never sued me. Gerry left a comment on one of my Legal Quality posts, which demonstrated fairness and reasonableness. This lured me to his blog, where these same two qualities are evident. For this week’s Whistleblower, I am sharing a recent posting from Gerry’s blog . While

Health Care Reform Musings from Dixie

Blogging now from South Carolina, the cradle of the Confederacy.  This was the first southern state to secede from the Union on December 20, 1860.  We all remember the portentous headline from the Charleston Mercury that rattled the nation and President-elect Lincoln, who was still 3 months away from taking office.  Prior to his inauguration, 6 sister states would join South Carolina to form a confederacy.  They would try by force to form a new nation.  And we think President Obama has a heavy load?   I learned years ago, during one of my yearly historical sojourns, that strong echoes of the Confederacy survive. We came to a Charleston, South Carolina to a Bed & Breakfast and were greeted by the proprietress. We exchanged pleasantries and told her we were anxious to see some of  the area’s civil war treasures.  With a steely demeanor, she admonished me. “Round here,” she said, “we call it the War of Northern Aggression.”  Her statement was much more powerful heard in her slow, s

Whistleblower Holiday Cheer 2009!

‘Twas the night before Christmas, In the Senate and House, Health reform creatures Were giddy and soused. The horses were traded, And promises made, Nelson and Landrieu Were handsomely paid. Some will be winners, And others will lose. The majority strategy?  Scare and confuse! The conference is coming Where sausage is made, Which plan will survive? Neither! We prayed. A government option And sugarplum fees, Isn’t the cure Of our health care disease. “Now Harry! Now Nancy! On Dodd and on Baucus!” With a wink and a twinkle, They held tight their caucus. The Dems all agreed One item must fall. Now dash away! Dash away! Tort reform all! Then with a crash Through the chimney that night, Popped out Barack With a smile of delight. He promised reform Turning debt into wealth. The better plan may be To pray for good health. He raced through the chambers, Looking merry and droll Giving Dems sparkling diamonds To the GOP - coal. In a flash he was gone, And away sailed his sleigh. Why do

Fee-For-Service Medicine: Hold on to your Tonsils!

Last week, I bravely expressed vigorous support for medical rationing . No one has yet sent the ‘death panels’ after me and I still have a pulse. This week, emboldened by my continued survival, I tread again into dangerous terrain. I will offer support for another policy that is accused of being the cause of ongoing hemorrhage of the health care system. Who would risk public opprobrium by expressing support for a practice that is so corrupt and evil? The Whistleblower knows no fear. Caution! Any minors reading this post are strongly admonished to close this window immediately so that your impressionable minds won’t be irrevocably contaminated. I shall write the nefarious term in the smallest print allowable, hoping it will escape the attention of web censors and the D.C. Health Care Thought Police. Fee-For-Service-Medicine The hardest part of treating an addiction is to admit the problem publically. I stand before you with humility and hope. "My name is Whistleblower a

Medical Rationing: The Last Best Hope?

Photo Credit In 1972, George Carlin, the irreverent comedian who believed that boundaries are meant to be crossed, listed the 7 dirty words that could never be aired. These were considered to be a broadcaster’s ‘never event’. While society’s prohibition against offensive language and images have relaxed exponentially, there are still words and expressions that are radioactive. I am quite certain that health care reformers have conducted focus groups to determine which verbiage offends and which phrase soothes the skeptical public. Words matter. I used to think that studying linguistics was merely an academic pursuit for grad students. Not so. These wordsmiths can now find honest work on Capital Hill. They can educate politicians on the nuances of language and expression so that our elected officials can speak out of a third side of their mouths. We all remember from the prior presidential campaign how a wayward sentence can be exploited by adversaries who are poised to pounce. Recall

Medical Malpractice Strikes Again! A New Confession

I’m surprised that they haven’t thrown me out of the profession yet. In the past year alone, I have been sued for medical malpractice , committed a ‘ never event’ and confessed to performing an unnecessary medical test on a patient. It’s a wonder that my medical license hasn’t been revoked. Keep in mind that the above events are only those transgressions that I have admitted to. Imagine the misdeeds, misadventures and misconduct that I’ve kept secret. Are handcuffs in my future? For example, I should I have come clean that a 2nd medical malpractice case was recently filed against me. I received the thick envelope from noble and altruistic Cleveland barristers about 6 weeks ago. Once again, I saw my name in the good company of many other physicians and our local hospital. I reviewed my medical records and felt comfortable with the care I had provided. In a medical malpractice case, quality of medical care is important, but the truth won’t set you free. It’s the documentation, stupid! I