Apology Shield, The Emporer’s New Clothes
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FAKE APOLOGY – THE POWER OF THE INTERNET
We’ve been covering the fake apology laws and why it’s bad for America. Today let’s talk about how common people can fight back to put truth back into medicine. What really is at stake is America’s heart and soul. What made this country great was a culture built on an honest days work – and simply being honest. Americans believe in being honest. It’s always been a part of our culture. Well the American flags fabric is frayed by this law that allows lying to be condoned in the courts.
As Americans we believe in capitalism and a free-market economy that creates better products and services than you can’t get in a communist country. I see a lot of products coming from China, and they are shoddy, crappy products that don’t work as they are intended. Americans make things that work and work right. We need to get back to that culture, a culture where quality counts. Communism is the antithesis of the American culture. Communism in China allowed infant formula to be laced with melamine that caused six infant deaths and more than 300,000 infants to go into some degree of kidney failure. Communism rewarded government officials who kept their mouths shut when the milk suppliers were doing an end-run on the government’s protein tests through the addition of melamine to raw milk; a product poisonous to humans. Communism then punished the lawyers who dared to file suits on behalf of the infants and their mothers and fathers. Communism rewards not just inefficiency but dishonest business practices. And that is what the apology shield is, it’s a way of rewarding bad behavior and doing it by sanctioning a lie.
Watch to the YouTube video about melamine and the Chinese Communist Party lying and consider how the apology shield will be viewed by the rest of the world. Are we any different than the CCP?
On the other hand we have the free-market economy that would prevent or should prevent dishonest businesses from profiting in America. Competitors and government officials are empowered to speak out about illegal business practices and in turn we are all better off. (Well maybe not the SEC when it came to turning a blind eye to Madoff, but that’s for another day.)
With the apology shield officially sanctioning lying under oath, we aren't far behind Communist China.
Now the patients who are injured by shoddy medical practice and their lawyers are faced with a law that rewards dishonesty. The fake apology law says it’s alright to lie to the jury saying you did nothing wrong, when in point of fact you’ve apologized to the patient for doing just that. Absurd? I think so too.
As Americans we have to ask ourselves if we have to take it or can we fight back? The legislature thinks it owns you, just as special interests own them. Well they don’t and I can prove it to you. We have the Internet and that puts honesty back into the equation. YouTube is a great device for exposing lies, deceptions and half-truths that juries hear and are asked to believe.
The Internet is the place where Americans can post the truth. Take the recording you have and post it on YouTube. Let the truth be told to anyone wanting to listen. Let the liars walk naked in cyberspace. YouTube will show us all and all the patients know that the Emperor has no clothes. Allow me to remind you who the Emperor was.
There is a Danish author, Hans Christian Andersen, that we are all familiar. He wrote “The Emperor’s New Clothes” first published in 1837. What is true today was true in 1837. The vanity of those faking the apology shouldn’t swindle the rest of us into believing the naked truth. That lying to a jury remains wrong no matter how many laws they pass. The sky is blue no matter what law your state legislature passes declaring it pink.
“The story has given rise to its common reference as a metaphor in numerous situations. Most commonly, the statement "the emperor has no clothes" is used to refer to a situation in which (at least in the opinion of those using the phrase) the majority of people are unwilling to state an obvious truth, out of fear of appearing stupid, unenlightened, sacrilegious, or unpatriotic, or perhaps out of "political correctness". In such cases it is often implied that the motive and rationale for not seeing the obvious truth has become so ingrained that the majority do not even realize that they are perpetuating a falsehood.”
See Wikipedia, The Emperor’s New Clothes
Like me you should hate this kind of legal fiction that is nothing but official sanctioned dishonesty. You should abhor the fake apology and its shield that cloaks lies as truths and then parades them in front of juries. The honest medical professionals, like winners wanting to win, find this law degrading. In this instance the law assumes we are all dumb and naïve enough to believe those with the power get to rewrite the truth by simply changing the facts through a legally sanctioned fiction. That’s simply wrong for America. It’s not what made America great; it’s a sign of an America I don’t recognize.
Like the honest physicians we should all feel shame.
Join me today to listen to the beautiful music created by the Russian musical group Viagra, meaning Acapela.
BLOG COMPENDIUM
The Injuryboard Series on the Medical Apology Shield, by Steve Lombardi of the Lombardi Law Firm
1. Why Should I Apologize? -
Steve Lombardi | September 22, 2009 9:42 AM | Des Moines, IA
Hopefully our mother’s and father’s taught us that after you do something wrong you should apologize. The apology is meant to communicate a sincere feeling of remorse. We are taught...
2. "I'm very sorry.", but really I'm not.
Steve Lombardi | September 23, 2009 10:49 AM | Des Moines, IA
Yesterday we discussed three recent incidents where an apology was necessary to correct an error of judgment. Those incidents involved Kanye West, Serena Williams and Congressman Joe Wilson....
3. An Apology Free From Risk, Isn't Really An Apology
Steve Lombardi | September 24, 2009 10:15 AM | Des Moines, IA
After making a mistake why should medical professionals want to apologize? How about because it’s the right thing to do and you’ll sleep better at night having set the record straight...
4. Why are there so many lawsuits?
Steve Lombardi | September 25, 2009 4:17 PM | Des Moines, IA
It's the question every tort reformer loves to ask and it's probably because then it's easy to avoid the real problem. On September 3rd 2009 15 year old Rachel Stewart was headed north on I-380...
5. How To Expose The Fake Medical Apology
Steve Lombardi | September 25, 2009 10:05 AM | Des Moines, IA
A Patient’s Guide to Dealing with the New Fake Medical Apologies Today's apology is Chris Matthews apologizing for his characterization of Hillary Clinton's success in politics coming down to...
6. Apology Shield - Diagnosing Truth With a Broken Lie Detector
Steve Lombardi | September 26, 2009 10:47 AM | Des Moines, IA
WHY IT’S IMPORTANT TO EXPOSE THE FAKE APOLOGY We’ve been covering the apology shield this week and I’m having fun with it, but deep down there’s a serious side to this...
7. It’s Too Late To Apologize
Steve Lombardi | September 28, 2009 10:43 AM | Des Moines, IA
WHY THEY ASK FOR THE RIGHT TO LIE WITH A FAKE APOLOGY An interesting thing about those wanting the apology shield is the emotion that drove them to ask the Iowa legislature to enact the law....
9. What States Officially Sanction The Apology Lie?
Steve Lombardi | October 01, 2009 10:10 AM | Des Moines, IA
We shouldn't wonder why this next generation seems confused and uncommitted to community. With 35 states either considering or having passed laws allowing perjury by legal fiction they should be...
10. What States Officially Sanction The Apology Lie?
Steve Lombardi | October 01, 2009 10:10 AM | Des Moines, IA
11. Apology Shield, Still not asking the right question.
Steve Lombardi | October 02, 2009 10:15 AM | Des Moines, IA
We are talking about apology shields and how it affects America’s character. Today I want to discuss a statement that is quoted from the original investigation by a group of researchers...
12. Fake Apology, State Sanctioned Lies
Steve Lombardi | October 03, 2009 9:35 AM | Des Moines, IA
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...
LAWYER AND NEWS REPORTER TALK: It’s time to sign off on this series about the medical apology shield, but it’s not time to stop thinking about it. If you send your news story, case ruling or the citation and title I’ll post about the effects of this rule of evidence and how it affected your clients and the other parties to the case. That offer is extended to both sides of the courtroom, plaintiff and defense. The offer is also directed to all news media reporters and to Judges whose rulings affect the rights of people and the fabric of the American culture.
You may contact me at sdlombardi@aol.com or fax it to 515-222-0718 or by snail mail to Lombardi Law Firm, 4200 Corporate Drive, Suite 112, West Des Moines, Iowa 50266. I enjoy hearing from all the parties and encourage the physicians to contact us as well. We will talk to you confidentially if so required.
From the Injuryboard and The Verdict, I remain true to the truth, even when it is unpleasant to write about or to hear. Steve Lombardi