Healthcare reform that involves government interference in any way should not happen.   Maybe the system is broken, maybe it isn’t.   But one thing that will not help the situation is tort reform.    Lawsuits are not the problem.

Study after study shows that 5% of all doctors commit 95% of the medical malpractice.   The medical licensing boards refuse to yank the license of these doctors.    Or, if the license is yanked, the doctor just crosses state lines and get licensed in a new state.   Free to continue committing malpractice.   I’m an attorney.   I screw up, there goes my license.   If I try to apply in another state, I must disclose any other licenses and the status of that license.   I even have to disclose any applications for bar admission — even if not admitted.   If I am licensed in more than one state and get in trouble in state B, State A gets to yank my license to.   Doctors do not face this.   Their own rules protect them.

Everyone screams about the high jury verdicts.   Just like they screamed about the McDonald’s coffee verdict.   But, everyone hears the numbers without regard to the facts behind it.   In the McDonald’s case, McDonald’s knew their coffee was dangerously hot and chose to continue to keep it at that dangerous temperature.   Also, the woman who was burned was not just a little red or had a little discomfort.   She was hospitalized several days and needed skin grafts.   The same is true in a medical malpratice case.   The facts are that once a case goes to trial, there are usually major damages and the defense is only offering a paltry amount.    To fix damages committed by medical malpractice — or to pay for pain and suffering — when it can’t be fixed is not cheap.    Also, remember, you only hear about the big verdicts.   You don’t hear so much about the legitimate cases that could not even get in the courthouse door because of the roadblocks to filing.

Medical malpractice cases are the ONLY cases where you have to provide corroboration of the allegations with the pleadings.   In most cases, your expert witness supporting the allegation is identified later then testifies at trial.   To file a medical malpractice claim, you have to have a doctor sign an affidavit that malpractice occurred at the time you file the suit.   If you sue a car mechanic, not necessary to have that affidavit.   If you sue a lawyer, don’t need that affidavit.  If you sue a car manufacturer or any other product manufacturer, you can go with the bare allegations and provide support later.    Only medical malpractice provides this hurdle.  

There is also another hurdle to filing, you must file a bond to show your good faith.   Every other pleading, the lawyer’s signature is enough to show a good faith belief this is not a frivolous lawsuit.   But somehow, for medical malpractice suits, a lawyer’s word is not good enough.   If lawyer’s lie  and file frivolous suits all the time, why only require bonds for one specific type of case?    Because the bond makes it harder for citizens with legitimate complaints to access the courts.  

The purpose of the hurdles is just that — to keep cases out of the courthouse.   Does it keep out frivolous suits?   Yes.   Does it keep out legitimate claims?   Yes.    Courts need to enforce existing rules against frivolous lawsuits of all kinds, rather than make it harder to bring specific types of claims.

Lawsuit reform sounds easy.   It doesn’t sound like government interference in people’s business (but it is).   In reality, it will not solve the problem.   It will only allow doctors who commit malpractice to continue to do so without fear of repercussions.

When it is your four year old who has his tonsils out at 6 a.m. and is dead by noon because they failed to monitor his anesthesia properly, when it is your elderly loved one shoved in a corner and her pain ignored because the doctor can’t be bothered to come to the nursing home on a weekend and the staff fakes the DNR to justify their actions* — then tell me how we need to make it even harder to bring legitimate lawsuits.  

*actual cases I worked on as a paralegal before becoming a lawyer.

The internet went out at home over the weekend.   I experienced mild (okay major) email withdrawal symptoms.   But, all was not lost.   It was the perfect excuse to pop in the Schoolhouse Rock DVD and watch them ALL.   Grammar, math, science, money, the United States.   It was amazing how many songs I remembered.    I still sing some of them in my head when working.

Some of them were unintentionally funny, like the one on how we should be happy to pay taxes.   If it just went to roads and military AND was spent wisely maybe we would be.   It was made funnier because it was preceded by one on budgeting your money.   Then following directly by the one on Tyranosaursus (sp?) Debt.    Yep, Schoolhouse Rock did one on the National Debt and the need to get it under control.   I am pretty sure this came out pre-Obama.   Bwahahahahahaha.

The ones I loved the best were on the United States.    The Preamble to the Constitution.   The three branches of government.   Women’s sufferage.   Manifest Destiny (okay needed a little bit of help).   By gum, if you did not feel patriotic after watching those, you had no soul.   I am not ashamed to say I had tears running down my face while watching.    Then I got mad.   Really mad.  I realized that for many years you could not show these patriotic episodes.    Patriotism was something to laugh at, not be proud of.    Heck, even now, you can only be proud if it is in relation to Obama.   Prior to him, we just sucked as a country, according to the liberals.    Patriotism was a joke.   Patriotism was to be hidden.   Obama continues this attitude with his World Apology Tour.   He is not proud of the country of which he is president, he is ashamed of it.   

I refuse to be ashamed of my country.    We stood up for our rights.   We demanded a voice in government.    We created a brand new system of government that has worked pretty darn well over the last 200+ years.   It may not be perfect.   But, it sure beats the alternative.   In 1776, when we declared independence, no one knew if we would win the Revolutionary War.   We went for it anyway.   And won.   In 1887, when we attempted the grand experiment of democracy with an elected President, a written Constitution and everything else, the world over thought the experience would fail.   It has not.   In fact, other nations look to us for inspiration.    We are an inspiration to the world, a belief that the people rule the government.   That is something to be proud of, to shout for the rooftops, to wave the flag, to be patriotic.   Not ashamed.   Never ashamed.   America with its head held high filled with people with their heads held high.    That is my America.   As I learned from Schoolhouse Rock.

With the announcement of Justice Souter’s retirement, President Obama faces a big decision.   Given his track record to date on Very Big Decisions, I am not sanguine he will do well with this pick.  He has already set a deadline for the confirmation — he told the White House Press that he wants the person confirmed by the start of the next term.   

Obama has also stated he will make an ideological pick that emphasized empathy and outcome.   Personally, I want one who knows the law and applies it.   In a nation of laws, the law drives the outcome.   In a cult of personality system, the outcome drives the law.   Activist judges of every stripe should be anathema to a nation of laws.   While empathy should temper the reasoning, it should not control it.    It is a sad fact of the law that good people get bad outcomes and bad people get good outcomes.   The law is the law.   It is what is actually says, not what some judge says it should say.   

Since Obama’s pick will be someone who is not law driven but outcome driven (I can live with a law driven liberal judge, I cannot live with an outcome driven one), it is the duty of those who believe in the law, to thorougly vet any nomination.    If the person cannot be outright rejected as was Bork, at the very least we can raise such a stink that the person (oh heck, her, you know it will be a woman) is ineffective on the court out of fear of opening her mouth as was done to Justice Thomas.    

That said, here are the first names being bandied about.   The List comes from Above the Law which compiled it from other sites.     Any information about these suggestions are gratefully accepted.   Forewarned is forearmed.

Sonia Sotemayer - 2nd Circ. — seems to be the early favorite.  ETA:  Just found out she in Puerto Rico, so Hispanic, Female.   If she were a Lesbian, she would be a shoe-in for the pick.   Not that I don’t think that there should not be another female, or a hispanic or a homosexual person on the Court, I just don’t think those should be the first consideration.   It should be more a “oh and by the way, as eminently qualified as this person is, just happens to be.”

Elena Kagan - Solicitor General — longshot since she was just confirmed.   Obama knew he would be picking a Justice soon, if he had wanted her for SCOTUS he would have held her back. 

Diane Wood - 7th Circ.  ?????

Governor Jennifer Granholm — Michigan Governor — Longshot.   Obama needs her in Michigan to continue his takeover of the auto industry and for all his other socialist plans.

Harold Koh - State Dept. Legal Adviser Nominee — Longshot– male and again if Obama wanted him fro SCOTUS wouldn’t have sent him to State to keep Clinton in line.

Kathleen Sullivan — Stanford Law Professor — ???

Kim Wardlaw — 9th Circ. — Oh god.    9th Circ and liked by Obama, enough said.   Time to start reading her opinions.

Governor Deval Patrick — Mass Gov. — Male and needed to push socialism.  

Pamela S. Karlan - Stanford Law Professor — Could be interesting to watch Stanford split over which one to support.  

Any others?

My mother is a good woman.   She taught her children right from wrong.   She and my dad always took us with them to vote so we could see democracy in action.   She watched the news and stayed informed of current events (Let’s discuss the energy crisis).   During the Iranian Hostage Crisis, she sent a Christmas card to the hostages.   But, I think that is the most radical thing she had ever done.   She didn’t protest in the 60’s, she was too busy being a wife and mother.   

Although she stayed informed, she was not involved.   During the 2000 election, I volunteered on the Bush campaign.   With a degree in political science, mom asked me to explain a lot of the issues in the post-election mess.   She understood them, she just didn’t get all the nuances until I explained.   She had never needed to.   

Mom always supported the troops.   Her late husband (RIP Robert Iams, was a World War II vet.   When she came to DC for my law school graduation, my sister, her kids, my mom and I made a point of going to the World War II Memorial.   So, you know she supported the wars in Iraq and Afghanistan.    She definitely was not one of the Code Pink Ladies.  

But, now, after the bailouts and everything, she has had ENOUGH.    Tomorrow, my 60 something year old mother (two kids, two beautiful grandchildren) will be at her local TEA Party.    She is a little worried about police presence.   So am I.   Mom has a bit of an attitude towards authority sometimes.   She taught us to be polite, even if she wasn’t always.   I told her tomorrow was not a good time to demonstrate her attitude.    She may make a sign.   She claims she is not creative.   Bahahahahahaha.    Mom, I still have the pillow you wove me.   Just remember to keep it short.

This is what the Obama Administration has brought us.   A little old lady who should be enjoying her grandkids out marching on a public sidewalk in front of the post office.   All because she doesn’t want those same grandkids to be beggared.

Go Mom.

As pointed out in numerous posts and diaries, the Left has long been organized to protest just about everything.    There are no “spontaneous” demonstrations.    They have email lists, websites, precinct captains, etc.    That is how they get all those folks out at the drop of a hat.   

They know the rules.   They probably have a standard insurance policy good to go at any time.    They have printers who can get all those professional looking signs out in jig time.    All because they have big pockets.

You know what else they have?   Lawyers.    They have a legal team on call that can file a civil rights violation, freedom of speech case, etc., at the drop of a hat.    I doubt these lawyers are doing it for free.   Some of them may represent “organizations.”   But, who is funding these “organizations.”    

The Right needs to start doing these things.   If the National organization won’t start developing email lists and training organizers, we need to do it ourselves.    If the National organization won’t provide lawyers, we have to provide them ourselves.    Heck, we are Republicans.   We don’t wait for someone else to save us.   We save ourselves.

I am a lawyer in Maryland.   Not admitted to Federal Practice yet.    Someone pays me and the court costs, I am good to go.    What other lawyers do we have to here willing to step up?

The Commander of the American Legion was livid after a meeting with President Obama.   And well he should be.    Obama now wants injured service members — people injured in the line of duty defending this country — to pay for their own medical treatment.   Why?   To generate revenue, of course.   Somehow, this administration has to pay for all the socialization.    So, to cover everyone else’s healthcare, the men and women who fought for this administration’s right to be this stupid, have to pay.   

http://news.yahoo.com/s/usnw/20090316/pl_usnw/the_american_legion_strongly_opposed_to_president_s_plan_to_charge_wounded_heroes_for_treatment

Write your Congressperson and President Obama and Rahm Emanuel that this idea is not just wrong — its reprehensible.

I live near DC (I left in order to get representation in Congress.   I have all Dem reps now.   I’m still waiting).   We got hit with a pretty good snowstorm.    Not as bad as expected but enough to close some schools and businesses.   And Congress.   Yep.   No votes today.   Which means they can’t take anymore of my money for at least one day.   

Of course, the DC schools stayed open.   For the children’s sake, of course.   Not so they can get an education, but because of the high rate of poverty in the District.    Due to the extreme poverty, schools are the only place some kids get a decent meal.   Think about that, the only good food you get is SCHOOL CAFETERIA FOOD.    Once you have all stopped gagging, think about something else.    The schools stay open because that is the solution to caring for these kids.  Instead of coming up with real solutions to poverty, the Dems who control this City through local government and Congress say “let the schools feed the kids.”   Instead of getting folks off the government teat, it risks the safety of kids by keeping the schools open so the kids can get a meal.  

I am not against the kids getting a hot meal at school.   Well, other than I think school food violates several human rights treaties.    But, I am against the idea of this being the ONLY solution for these kids.    The parents should be given the opportunity to learn real skills that will translate into real jobs so they can feed their kids at home.    It is up to the parents to care for their kids, not the schools.    We fail those children if we prevent the parents from doing so by never acknowledging the real situation.

So many reasons, so little time.   But, a new reason has shown up in recent days.    On her first overseas trip as Secretary of State, Secretary Clinton said that human rights concerns regarding China must take a back seat to other issues.    Now, she mentioned climate change (because who cares if China is killing prisoners for their organs as long as no greenhouse gases are involved) and other concerns.    But, the real issue came out today.    We need China to keep buying our debt.  

 As long as the Obama administration continues its relentless march to Socialism, someone must pay for all these programs.   Porkulus is just the tip of the iceberg.    Besides printing money, the printing press in the basement is printing out loan documents to foreign countries like China.    The US won’t nationalize the banks or industries, they are just selling them to our debtors.    One of those debtors — a major one– is China.  

If we call China to account on its human rights record — as it so RICHLY deserves to be — it will stop buying our debt.   Instead of standing for democracy and freedom, we are the mercy of our creditors.   They call the tune and we dance.    We MUST stop depending on others to save us from ourselves so that we can get back to the roots that made America great.    We must make adherence to the Constitution of the United States mean something again.    We must lead as the sole remaining superpower in the correct way of governance.   Not hide in the corner and hope the creditors never call in the loans.

Okay, they are Dems, so they don’t have guns.    But, they do have arguments, and the Republicans MUST being to start blowing holes in them (because we do have guns).   Now that I have killed that metaphor, let me get to the point.

One argument the Dems loved to make in favor of Porkulus was that it was nothing compared to all the money that President Bush spent on the Iraq war.   But, that argument fails now.   The interest alone on Porkulus will be more than all the money spent on the Iraq war to date.   That is just interest payments.  We all know how debt works, no need to belabor the point here.  

As if that spending spree was not enough, the president wants to bail out people from their own stupidity in getting into mortgages they have no hope of paying.      Yep, they are rewarding bad behavior at the expense of those who are trying to do the right thing and keep paying their bills.   Now, not only will you  have to pay your own mortgage, but the mortgage of your idiot neighbor (you know the one who runs his leaf blower at 7 am on Saturday).   All this while paying more in taxes to service the Porkulus debt.   Already folks are wondering why they are paying their bills when others who don’t get bailed out.  

It is time to get the message out.   It is time to counter the Democrats message with actual facts.   Get the word out on blogs, message boards, the grocery store, the barbershop, the beauty parlor.    It’s time to stop talking about what needs to be done and time to start doing.

If President Obama had spent more than two minutes in the Senate before starting his run for president, he would KNOW how the legislative process works.    He would know that he cannot just say “pass a stimulus bill.”   He would know there is a lot of horsetrading and negotiating and working with others to pass a bill.    He would know that “I won” is not a good legislative strategy.   So did everyone else in Congress.   That is why they are there.    He would know that he should not give a deadline for passage of a bill.    Good bills take time.   Even bad bills take time.    He would know that missing the deadline just makes him look out of the loop and not in control.  

If he had spent more time actually being a senator instead of campaigning, he would know how to govern.   He would know that governing is work, not just a series of photo ops.   He would know governing involves listening, not just making nice sounding speeches.    He would know that governing involves everyone in the process, not just those who agree with him.

If President Obama had more experience doing a job instead of running for another one, he would know so many things.