American Medical Civil Rights Act: The American Medical Civil Rights Act originally s...

American Medical Civil Rights Act: The American Medical Civil Rights Act originally s...: The American Medical Civil Rights Act  originally shared:   1. NO CAPs: The myth, propagated by insurance companies, that caps reduc...

American Medical Civil Rights Act: The American Medical Civil Rights Act originally s...

American Medical Civil Rights Act: The American Medical Civil Rights Act originally s...: The American Medical Civil Rights Act  originally shared:   1. NO CAPs: The myth, propagated by insurance companies, that caps reduc...

The American Medical Civil Rights Act originally shared:

 

1. NO CAPs:

The myth, propagated by insurance companies, that caps reduce or eliminate so-called “frivolous” lawsuits, ease the burden on our backlogged courts, reduce malpractice insurance premiums for doctors and prevent “physician flight” - where doctors leave non-cap states or quit practicing medicine altogether, is all a pack of lies! Caps simply protect bad doctors and save the insurance companies billions of dollars, which are then put on the U.S. Taxpayer through medicare, medicaide, Soc. Sec. Disability, etc! Caps make it almost impossible for “frivolous” victims (anybody who does not currently earn a significant income: children, students, the elderly, retired people, the handicapped, stay at home moms
and dads, YOUR KIDS, YOUR PARENTS, maybe YOU!) to even get an  attorney, let alone have their day in court. Should they be lucky enough to get an attorney, the best that most can hope for is a settlement offer which
almost always comes with a “gag order” so they cant speak about their case, the doctor walks away “clean”, without any hint of malpractice on his/her record, free to practice and even harm or kill again, his patients
completely in the dark about his past abuses and even crimes! History has proven that the lower premiums and physician flight arguments are completely false!

The so-called “jackpot justice” awards are virtually always carefully calculated amounts which are just enough for injured victims to meet the costs of ongoing (often life long) care. In a cap state the jury does their
job, figures out the necessary amount and makes that award to the victim. Then that jury is dismissed and they leave the courtroom.

Almost immediately following the jury’s departure the judge’s gavel bangs down and he/she announces that per that states “tort reform” statute the maximum award is $XXX and the amount is instantly reduced – by as much as 90%, or more!

All victims should receive equal protection under the law, as guaranteed in the U.S. Constitution. All plaintiffs have a right to have their case heard by a jury of their peers. It is that jury trial process that prevents “frivolous” lawsuits; the framers of the Constitution were nobody’s fools! We the people have been deceived by BIG INSURANCE. It would seem that our legislators have also been deceived, or they’ve been bought off! And we need to figure out which, before the next election!


2.  Re- define who the victims are!

The damage done by negligent health care professionals often extends well beyond the immediate victim. Whole families are impacted by these tragedies and must be entitled to reasonable compensation – also free from caps!


3.  No gag orders: silence is not golden!

All settlements should be public record! Not so that amounts will be disclosed, but so that doctors who offend can be identified. There are doctors out there who have caused incredible damage; some have killed repeatedly, yet their “public” records remain unblemished – NO MALPRACTICE visible, and they are free to go about their business, looking for their next victim.


4.  Medical Boards: restructured & held to a national standard, Currently, medical boards in most states are “doctors only” clubs. They routinely reject claims from victims; claims that have merit!  Even worse, in most states district prosecutors offices will not even consider a claim of criminal negligence unless it is referred directly by the state medical board! That’s right, it is up to their golf buddies - medical experts, perhaps, but they certainly are not criminal investigators! Boards MUST include victims rights advocates AND representation from the prosecutors office,  as well as medical professionals.


5.  How many times is ok?

Is 3 strikes you're out too many? Is 1 not enough? There MUST be realistic limits set!


6.  TRULY informed consent!

The abuses in this area are legendary, hideous and intolerable. A protocol must be defined, and enforced, to protect patients (potential victims) rights. Perhaps requiring not only the patient’s signature but also that of a family member or patient rights advocate AND a complete reading of the consent form BEFORE signing, maybe video taped! Consent can only be valid when there has been full, honest disclosure. If a procedure is
experimental the patient MUST be told so, and be informed of the risks vs benefit! If a student or "novice" will actually be doing the procedure, that MUST also be disclosed and he/she MUST be named and their qualifications explained. Patients are NOT Guinea Pigs, and they must never be treated as such without their full knowledge and TRULY INFORMED CONSENT!


7.  Altering patient records (still under construction)


8.  Experimental and unnecessary procedures
(still under construction)


9. Losing party responsible for court cost and attorney's fees, at the discretion of the court (still under construction)

This is what inspired me to to be where I am today - along with thousands and thousands of other beautiful wonderful souls that went before her and that continue to die from the same kind of negligence that killed her. She, and those ten-of-thousands of others, were all FRIVOLOUS according to the so-called "tort-reform" laws like MICRA (California) and the dozens of MICRA clones now in place around this country.  The state medical boards, overall, are no better. It would be laughable if it was not so serious. The boards are essentially "doctors only" clubs. It seems that their primary purpose is quite simply to shield doctors and prevent any serious legitimate investigations into their behaviours. In most states a prosecutors office will not even look at any case that is not first referred to them directly from the medical board! And there are the issues of professional dishonesty when it comes to informed consent, unnecessary surgeries, gag orders on settlements, no transparency when it comes to doctors, hospitals and other healthcare professionals records, AND the list goes on.

My beautiful baby had her life stolen by an arrogant, negligent doctor. No one was ever held accountable. No one ever had to tell the truth. No one ever even said "I'm sorry".  So, in memory and homage to her, I have begun to develop the framework for a piece of national legislation which is called the "American Medical Civil Rights Act". Please, lets work together to define, refine and complete this important work. Your experience, your knowledge and, yes, even your pain and suffering can help to craft this potential legislation.

Join me, please. It is time for change. It is time to reform tort-reform. This is about our Constitutional Rights, our childrens and parents and siblings and spouses Constitutional rights. This is a Civil Rights issue. It's about Human Rights.