Fake Apology, State Sanctioned Lies
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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 demonstrate my point of view with a small hypothetical.
HYPOTHETICAL
July 8, 2008 – Surgery. Following the surgery the doctor approaches the patient and states how sorry he is that he’s made a mistake and removed the wrong kidney. He explains that he was just too busy to read the chart before starting the surgery room. He further states that no one on the surgical team pointed out his obvious error because they too must have not reviewed the patient chart.
September 10, 2008 – The patient visits with an attorney and files suit alleging the doctor and surgical staff violated the standard of care by failing to read the chart and by operating and removing the healthy, rather than the diseased kidney.
May 12, 2009 – Trial in Polk County, Iowa. Direct examination.
Lawyer's Question: Doctor did you do anything wrong?
Doctor's Answer: No.
Lawyer: May I approach your honor?
Judge: Yes, let’s call a recess and meet in chambers.
Lawyer: I’d like to introduce the doctor’s statements that he made right after the surgery apologizing and admitting he made a mistake.
Defense Lawyer: Your Honor we object and cite the medical apology shield law that makes the words of apology inadmissible.
Lawyer: You’re honor the doctor has denied under oath doing anything wrong, when in fact he’s previously admitted to doing several things wrong.
Judge: My ruling is you can’t use the previously inconsistent statements to show he’s lying. The law doesn’t allow it; the law shields the doctor’s previous apology.
Lawyer: But your Honor that would then be hiding the truth from the jury. That would mean we are allowing the doctor to perjury himself.
Is this a preposterous scenario? No. We now have state sanctioned lying to juries. What shall we call this, officially sanctioned perjury? Or is it a license to commit perjury? Pick your poison; it’s all the same. What we now have in America is Communist style propaganda. The truth has simply become an inconvenient fact that the government rewrites and that Judges, in the name of abiding by the law, simply rubber stamp. In my mind, a revolution can’t be far off into the future. Good luck America.
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