Des Moines Personal Injury Lawyer - Medical Malpractice

Rhode Island Hospital Again Does a Wrong-site Surgery

Steve Lombardi — Mon, 26 Oct 2009 08:41:00 GMT

This is the 5^th time since 2007. This time the surgical site was the patient’s hand. Apparently, and the reports differ, it was the correct hand, the right finger but the wrong joint. I have to give the hospital credit for publicizing the mistake. It can’t be easy for the hospital’s president Timothy Babineau. Even though the mistake won’t help to make patients comfortable his honesty with the public is refreshing.

So how can patients increase the chances of avoiding a wrong-site surgery? It’s actually pretty simple. By having the doctor mark the surgical site with a surgical marker and reviewing the procedure, the identity of the patient and the body part/location that is to be operated on, mistakes would rarely occur. Here are two questions that would help. 1. Have you read the chart? 2. If so, then describe the procedure to be undertaken and to what part of the body. You might think this is an embarrassing discussion to have with the surgeon, but it’s your body so get over it. Here are three articles discussing the Rhode Island Hospital case. http://www.youtube.com/watch?v=cUMgyoVIqNE

Originally posted at InjuryBoard by Steve Lombardi

Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!

Steve Lombardi — Mon, 19 Oct 2009 10:14:00 GMT

Our lesson for today concerns news print reporting of medical malpractice reform measures. The lesson is that reporters should avoid heavy medication before editorializing about something they know nothing about.

To me it’s so typical. Another editorial pandering to the few advertisers newspapers have left, saying what the advertisers want to hear; regardless of the affect on society. In this case it says let’s all save money by making the injured patients pay for medical mistakes instead of those responsible for creating the injury or killing the patient. Today’s editorial is in the Coventry News and is written by Patrick Durusau. All I can say is shame on you Patrick. If anyone wishes to read the entire fairy tale that masquerades as an editorial follow the link. Here is part of what he writes.

The current adversarial system between physicians and their patients benefits only three groups: medical malpractice insurers, medical malpractice defense and plaintiff lawyers. Abolishing medical malpractice is an important step in repairing the physician patient relationship. Getting physicians and patients on the same side will result in better medical care and, coincidentally, the demise of medical malpractice insurers and their familiars. That doesn’t bother me. How about you? Patrick Durusau, Coventry News

I think he forgot the main beneficiaries of the medical litigation process: The injured patient, the surviving dependents or those patients not injured because of fear of being sued when you do something wrong that hurts the patient.

Don’t they count? Or are they the riffraff of Mr. Potter's world?

Either this reporter has a naïve view of life or he's pandering to his news organization’s paying advertise-customers. Perhaps he's just naive from never having interviewed a grieving widow raising hungry children alone after watching her husband die as a result of a failure to diagnose cancer or some other fatal disease? Get real Patrick; I suggest you visit the morgue and then interview the widows and widowers in major cities where health care can be downright factory like and prone to mistakes.

I rarely practice in this area so hold your tongue about me being just another lawyer trying to make a buck. I do consider myself a “plaintiff’s lawyer” because my practice is one where I represent people, not big insurance. I’m pretty typical for most small city or rural based lawyers. We don’t seek out medical malpractice cases; in fact we try to avoid them. They are way to expensive to litigate and wrought with landmines to make mistakes. Like many I have friends, colleagues and relatives who are practicing physicians. In Iowa we have just a handful of lawyers who practice full time in this area as specialists. We don’t have a problem, like I’m sure New York, California and Florida does. We have just a few cities, we have good doctors and yes a few that have made professional mistakes. Frankly we don’t need injured patients paying for someone else’s mistakes. We like our system of tort law; it’s served us well. We still have moral fiber that tells us those who make mistakes pay for their mistake.

I grew up in Rhode Island and know only too well the consequences of medical malpractice and a dead bread winner. My father died when I was 12, he left behind a 37 year-old wife and five children all under the age of 13. We never sued, even though the doctor diagnosed a pulled muscle instead of the lung cancer. I’m sure the doctor didn’t want to take an x-ray since it was as tort reformers say, “unnecessary and expensive.” That’s the defensive medicine I grew up with; it’s the same one that Mr. Durusau is advocating for the rest of us. That’s the kind of defensive medicine that you’ll say isn’t needed, is thought to be too expensive and a waste of time and money. That’s the kind of loyal patient and doctor friendly medicine that I grew up with. It’s the same kind of medicine that buried my father, put no food on our table, took away the one man who was going to send us to college and wasn’t there for my sister’s wedding, birthdays, deliveries, anniversaries or grocery shopping day. Oh it’s friendly alright. It’s friendly to big insurance company executives, but does nothing for the widows and orphans it leaves behind.

My mother kept a single can of shrimp in the pantry to let us know we weren’t poor. I guess it also meant we wouldn’t starve. At least I hoped that’s what it meant. We ate Mrs. Paul’s fish sticks and frozen French fries every Friday that we didn’t have corn chowder. God I hated both. The fish sticks tasted like burnt cardboard and were always overcooked while the fries were mushy and undercooked. Dr. Sandstone never did see what he’d created for this family of six trying to get by on Mom’s sewing money and a monthly Social Security check. Not exactly the kind of life my father had hoped for his wife and children. I often wonder what the outcome would have been like had he ordered that expensive and unnecessary $5 x-ray.

This editorializing reporter must have had a good life without any medical mistakes interrupting his education and family vacations. I say that because he’s got a naïve and foolish point of view that draws conclusions that border on being downright cruel. Before you join his world I invite you to look at his methodology for improving health care and delivering better medicine.

If we follow that logic all car collisions caused by distracted drivers would result in the digitally drunk and distracted teen driver getting a smile from the other drivers; well… at least those who aren’t dead or brain injured and the teens will somehow miraculously learn how to drive safer. How does not making those who make professional mistakes take responsibility make the system more responsible? I’m left wondering just how old our reporter is and what time of day he wrote this little ditty. Maybe he needs to stop drinking the Guinness so early in the day.

“If we abolish medical malpractice as we know it, physicians (not the government) would have to develop better ways to discover why "mistakes" happen and ways to prevent them from happening again. That is to change from a blame assignment/avoidance system to one that tries to improve the quality of care delivered to everyone. Wouldn’t that be a more useful part of a health care system?”

“The current adversarial system between physicians and their patients benefits only three groups: medical malpractice insurers, medical malpractice defense and plaintiff lawyers. Abolishing medical malpractice is an important step in repairing the physician patient relationship. Getting physicians and patients on the same side will result in better medical care and, coincidentally, the demise of medical malpractice insurers and their familiars. That doesn’t bother me. How about you?” Patrick Durusau, Coventry News

LET’S TAKE A TRIP to POTTER'S FIELD or DICKENS’ WORLD

http://www.youtube.com/watch?v=B3sZy7IVRiw

Mr. Durusa there’s a little cemetery in a small quaint New England town with a brownish headstone bearing the name Lombardi. The stone has a polished face, a rough finish on thick edges with pink, white and red flowers that surround it. On the back side this gravestone has the name Charles A. Lombardi inscribed on it. Visit St. Mary’s Cemetery where Charlie lies and you’ll notice the surrounding grass is strong and healthy. That grass grows tall from the tears that have watered it for the past 41 years. Like Charlie, the doctor too is dead but I can say that during his lifetime I never saw him visit that grave to support the widow who stood strong for her five hungry children. The widow and her five children today live far from where Charlie lays waiting. I guess you can say we lived your friendlier medicine because we didn’t sue. That was 40+ years ago and I’m still waiting for the doctors to deliver better medicine. Are you sure of your theory? Because today as a 54 year-old-man whose had a front row seat to the “better medicine" you’ve described I’m not seeing the benefits... or a bigger can of shrimp.

The Durusau World of Friendly Medicine and Medical Tort Reform

http://www.youtube.com/watch?v=kr4WxEQHiCE

Originally posted at InjuryBoard by Steve Lombardi

Apology Shield And What We Have Learned

Steve Lombardi — Sun, 04 Oct 2009 09:30:00 GMT

Today ends the series on the medical apology shield, but certainly doesn't end the discussion and debate. For those who don't know what the apology shield is, it's an evidentiary rule that allows a doctor or other medical service provider to apologize after making a medical mistake without the patient being able to use it against them (introduce into evidence) at a later time. That means if the surgeon apologizes to the patient, the patient can’t introduce the apology into evidence at a later trial.

What Have We Learned

Through this series I’ve learned there is much work to do in this area of the law. Before the laws were passed, there was little thought into the policy this type of law would promote. This rule of evidence is extremely weak and ineffective due to the limitations of many of the enacting laws. The “apology” itself isn’t defined and there is no hearing for a judge to determine if in fact the "apology” when given was genuine. That means a fake apology can be given in an attempt to fool the patient into not filing a lawsuit or even contacting an attorney. Words disguised as an "apology” can be given when in fact these are admissions by medical personnel who will later claim they were part of an apology; when none was intended.

In the end the laws promote lying and disguise lies as the truth. What we end up with are state sanctioned lies. A doctor can admit fault at the time of the mistake, but then at a later trial and while under oath, deny making a mistake. Unless the Courts allow an exception to the apology shield, of which many have no exception, the Courts will be allowing litigants, while under oath, to lie and get away with it.

In this series with each post I’ve tried to cover a single aspect of an apology and the apology shield. Some are clear while others will require the reader to think about what is being discussed. Yes, I still require readers to think. Hopefully these posts add something to the discussion, rather than detract. While some of my verbiage may be somewhat conclusory, I do recognize the need for doctors to be able to apologize; but I will never condone or support Courts allowing lying under oath. I believe the medical profession has created a quagmire they will wish they’d never started with the apology shield. I say that, because, although the court transcript isn’t likely to reflect or publish the apology the Internet will publish it and that’s more accessible than is the court transcript. I suggest the medical profession rethink this one, reload and take a look at how this will ultimately affect its reputation for the truth.

For ease of research we provide the list in this series.

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

Originally posted at InjuryBoard by Steve Lombardi

Fake Apology, State Sanctioned Lies

Steve Lombardi — Sat, 03 Oct 2009 09:35:00 GMT

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.

http://www.youtube.com/watch?v=_lY-cAgdAHI

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...

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

Originally posted at InjuryBoard by Steve Lombardi

Apology Shield, Still not asking the right question.

Steve Lombardi — Fri, 02 Oct 2009 10:15:00 GMT

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 that includes doctors. The article is from 2006 and the Archive of Internal Medicine, Volume 166, August 14, 2006.

2006 Arch Intern Med., US and Canadian Physicians’ Attitudes and Experiences Regarding Disclosing Errors to Patients, by Gallagher et. al.

The public is informed that lawyers, laws and law suits are the cause of physicians not being able to reform the error prone systems that exist in some places in America’s hospital systems. In fact the opposite is probably truer. Read the conclusion from the research group from the Departments of Medicine at the University Of Washington School Of Medicine, the Washington University School of Medicine, Waterman Research Solutions, BJC HealthCare, the The University of Toronto Department of Medicine and The University of Toronto.

"In conclusion, the medical profession should consider whether the culture of medicine itself represents a more important barrier than the malpractice environment to the disclosure of harmful medical errors to patients. Patients justifiably expect that harmful medical errors will be disclosed to them. Increasing physician engagement in efforts to communicate openly with patients following errors and to enhance patient safety could provide a much-needed boost to patients’ confidence in the quality and integrity of the health care system.”

The medical profession itself points out the greatest hindrance to a better system is within its control. Change the culture and you’ll change the number of injured patients. So why continue to point the finger at the laws, lawyers and law suits? Is it simply a matter of being greedy?

Now I don’t point out this inconsistency to attempt to persuade the public not enact tort reforms that harm the patient’s economic position; the public will do whatever it wants to based not on actual facts but on assumptions that make them feel better. And that’s true even if they make no sense and won’t work. The issue has been politicized and when that occurs there will be no workable solution. Instead of reducing injuries the proposed solutions are going to increase the number of medical mistakes. The cost of those errors is being placed on the patient’s side of the balance sheet. I disagree with some of my fellow attorneys as to the solution and all the political influence. I believe we need to give the public what they want; allow them to suffer the consequences of their false beliefs and when the pendulum comes back it will come roaring back.

What’s being proposed simply isn’t a solution. Asking why there are so many lawsuits is the wrong question. The right question is why there are so many injuries. You can take away all the lawsuits, put the plaintiffs’ bar in Purgatory and in the end you will have more, not fewer injuries. Where there are consequences there is accountability. Where there is immunity or caps on damages there is no reason to care about doing the wrong thing.

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...

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

Originally posted at InjuryBoard by Steve Lombardi

What States Officially Sanction The Apology Lie?

Steve Lombardi — Thu, 01 Oct 2009 10:10:00 GMT

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 confused.

States with Apology Laws

Colorado Revised Statute 13-25-135 (2003)
Oregon Rev. Stat. 677.082 (2003)
Massachusetts ALM GL ch.233, 23D (1986)
Texas Civil Prac and Rem Code 18.061(1999)
California Evidence Code 1160 (2000)
Florida Stat 90.4026 (2001)
Washington Rev Code Wash 5.66.010 (2002)
Tennessee Evid Rule 409.1(2003)
Ohio ORC Ann 2317.43 (2004)
Georgia Title 24 Code GA Annotated 24-3-37.1 (2005)
Wyoming Wyo. Stat. Ann. 1-1-130
Oklahoma 63 OKL. St. 1-1708.1H (2004)
Maryland MD Court & Judicial Proceedings Code Ann. 10-920 (2004)
North Carolina General Stat. 8C-1, Rule 413
Hawaii HRS Sec.626-1 (2006)
Maine MRSA tit. 2908 (2005)
South Dakota Codified Laws 19-12-14 (2005)
West Virginia 55-7-11a (2005)
Illinois Public Act 094-0677 Sec. 8-1901, 735 ILL. Comp. Stat. 5/8-1901 (2005)
Arizona A.R.S. 12-2605 (2005)
Louisiana R.S. 13:3715.5 (2005)
Missouri Mo. Ann. Stat. 538.229 (2005)
New Hampshire RSA 507-E:4 (2005)
Connecticut Public Act No. 05-275 Sec.9(2005) amended (2006) Conn. Gen. Stat. Ann. 52-184d
Virginia Code of Virginia 8.01-52.1 (2005)
Vermont S 198 Sec. 1. 12 V.S.A. 1912 (2006)
Montana Code Ann.26-1-814 (Mont. 2005)
South Carolina Ch.1, Title19 Code of Laws 1976, 19-1-190 (2006)
Delaware Del. Code Ann. Tit. 10, 4318 (2006)
Indiana Ind. Code Ann. 34-43.5-1-1 to 34-43.5-1-5
Idaho Title 9 Evidence Code Chapter 2 .9-207
Iowa HF 2716 (2006)
Nebraska Neb. Laws L.B. 373 (2007)
Utah Code Ann. 78-14-18 (2006)
North Dakota ND H.B. 1333 (2007)

The list is long and distinguished. Welcome to the liar's club.

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...

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

Originally posted at InjuryBoard by Steve Lombardi

How Does Big Business Rationalize State Sanctioned Lies

Steve Lombardi — Wed, 30 Sep 2009 10:07:00 GMT

I’ve been covering the apology shield in the context of medical negligence and how it’s nothing more than state supported lying. Here is a list of some sources you can use to learn more about how Big Business rationalizes how it benefits America.

For more to read, consider the following articles posted on the Injuryboard and elsewhere.

The Apology Shield - Pandering to Lies and Deception over Truth and Consequences, July 24, 2009, Steve Lombardi

I'm Sorry" Policy Works for University of Michigan Health System, July 22, 2009, David Mittleman

Iowa Personal Injury Attorneys | Opinion & Commentary ...

... Governor Rick Perry from Texas Sucker Punches Arnold Schwarzenegger; The Apology

Shield - Pandering to Lies and Deception over Truth and Consequences. ...

Would tort reform put back the healthy kidney? | InjuryBoard Des ...

... Remember it's impossible anymore to tell if they really mean it when they say they are sorry because of the apology shield law makes all apologies phony. ...

Medical Errors and the Full Disclosure/ Early Offer Movement, from the Perfect Apology.

The Sorry Works Networks, http://www.sorryworks.net/

Robert Redlin (2006) "Mistakes Happen." Physicians Practice. January 2006

Robert J Walling and Shawna S. Ackerman (2006) "Having to say your sorry: A More Efficient Medical Mal Practice Insurance Model."

Simple Words Can Yield Big Rewards

Robert J Walling and Shawna S. Ackerman (2006) "Having to say your sorry: A More Efficient Medical Mal Practice Insurance Model."

CRITTENDEN'S MEDICAL INSURANCE NEWS: MOVEMENT TO APOLOGIES TO GAIN STEAM

States with Fake Apology Laws, follow the link.

Peter Geier (2006) "Emerging med-mal strategy: 'I'm sorry'" National Law Journal Online. July 14, 2006

Hillary Rodham Clinton and Barack Obama (2006) "Making Patient Safety the Centerpiece of Medical Liability Reform." Perspective, May 25 –

Making Patient Safety the Centerpiece of Medical Liability Reform, Hillary Rodham Clinton and Barack Obama, The New England Journal of Medicine, May 25, 2006

Hartford Courant (2006) "When Doctors Say I'm Sorry." Sep 2, 2006 --

Doug Wojcieszak (2006) "The Sorry Works! Coalition," --http://www.sorryworks.net/WhatIs.phtml

2007 Market Watch, Disclosure Of Medical Injury To Patients: An Improbable Risk Management Strategy, By Studdert, Mello, Gawande, Brennan and Yang.

"Why Docs Won't Say Sorry." Health Day News. Monday August 14

2006 Arch Intern Med., US and Canadian Physicians’ Attitudes and

Experiences Regarding Disclosing Errors to Patients, by Gallagher et. al.

Apology Shield Compendium of Articles and Sources

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.

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

Originally posted at InjuryBoard by Steve Lombardi

Apology Shield, The Emporer’s New Clothes

Steve Lombardi — Tue, 29 Sep 2009 11:45:00 GMT

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?

http://www.youtube.com/watch?v=O-kLUyic4TM

http://www.youtube.com/watch?v=prLr1PNCeSg

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.

http://www.youtube.com/watch?v=AjAh20xatjM

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.

http://www.youtube.com/watch?v=Ls5fB9QieIg

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...

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

Originally posted at InjuryBoard by Steve Lombardi

It’s Too Late To Apologize

Steve Lombardi — Mon, 28 Sep 2009 10:43:00 GMT

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. They were being greedy and in most situations where greed is the motivating force they will lose what they hoped to gain.

WHAT THEY DON'T KNOW WON'T KILL THEM

Before the apology shield law was enacted, the best thing the defense lawyers had going for them was they could control the doctors and what they said to the patients and those waiting for the patient. It was easy to just say, say nothing. Doctors are human, and as humans the words they speak are imprecise. Also like most people once they start talking they can’t resist saying one more thing. And it’s that one more thing that will cause all the problems.

And that’s the interesting thing about the English language, it’s very imprecise. And humans are very unpredictable.

So join me in listening to “Apologize”, by One Republic.

http://www.youtube.com/watch?v=fm0T7_SGee4

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...

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

Originally posted at InjuryBoard by Steve Lombardi

Apology Shield - Diagnosing Truth With a Broken Lie Detector

Steve Lombardi — Sat, 26 Sep 2009 10:47:44 GMT

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 entire discussion. What is really at stake is the simple dignity of the American way of life. Our dignity should not be for sale and that’s what the apology shield did, it sold manufactured truth to the highest bidder, in this case the insurance industry and medical profession. If we allow anyone to lie to juries, our system of law and order is imperiled. Allowing someone to say to a jury that they did nothing wrong, when in fact they have earlier admitted they did something wrong is government approved lying. Its society saying to the youth of America, that in some instances our government approves of us lying; especially when money is involved. Boiled down to it’s essence we are approving lying when it’s to our economic advantage. Maybe the youth of America could benefit from an official lie register, where all State sanctioned lies could be catalogued.

I did a terrible job or raising my children so I’m no one to talk, but raising children is already too difficult. If we now allow the government to sanction lying to juries chaos can’t be far behind. In this instance the law is as wrong as wrong can be. Those behind this law should be ashamed of what this law promotes. Those legislators who voted for the apology shield should be thrown out of office. As a man who cares about the truth and about the America culture, the lack of shame shown by those advocating for the apology shield shocks me. I’ve said it before and I believe it’s worth repeating. Just because something is legal doesn’t make it right. And not everything that is wrong can be corrected by passing a law that says it’s now right and proper behavior.

Just because something is legal doesn’t make it right. And not everything that is wrong can be corrected by passing a law that says it’s now right and proper behavior.

You can not legislate truth. You can’t create a law that says what is wrong is now right and believe anyone will believe it is right. To do so is just wrong. Condoning lying to save money is foolishness to the nth degree. This goes right back to the Participation Trophy Syndrome. You can’t make winners out of our losers simply by handing out a fake trophy. Winners don’t want a participation trophy, only losers will accept one. Winners want to win one. They want to have earned the right to say they are winners. Losers want to be told they are winners when they acted like losers. Handing out participation trophies encourages internal dishonesty; and in this instance the apology shield is doing just that; it’s encouraging dishonest behavior.

Condoning lying to save money is foolishness to the nth degree.

If that’s what society wants then I want no part of it. I abhor participation trophies because they encourage the wrong ideas and do nothing to build good honest character. Young people and old people alike need to fail to learn how to win. Opportunities to do the right thing will never be recognized and fully appreciated if everyone gets to always feel good no matter how poorly they performed. Pop psychology that wants everyone to feel good about themselves is insidiously self-destructive. The apology-shield is nothing more than a glorified participation trophy. Doctors who want the right to a fake apology are being handed a participation trophy and are acting, no they are losers.

If America is now handing out participation trophies to blundering professionals then doing it right no longer matters. Why should professionals care if they make a mistake? Shame on the State legislatures; shame on the state medical communities that sat back and didn’t resist the temptation for the right to lie to the jury; and shame on all of us for saying nothing in opposition. And you wonder why this next generation seems uninterested in working hard? Why should they be, isn’t it enough that they showed up. “I showed up, where is my trophy?” Winners win and losers lose, that’s a fact of life. For the sake of developing good character we need to teach, which probably requires us to relearn, how to lose with grace and our reputations intact.

If America is now handing out participation trophies to blundering professionals then doing it right no longer matters.

TODAY'S "APOLOGY" - THE ONE THAT NEVER HAPPENED

Today’s apology is one that to my knowledge never occurred. It’s the apology the University of Florida owes to this protester Andrew Meyers. They punished him using a Taser just for speaking his mind. I don't care if there was a single person in the room who agreed with him, in this country we support free speech. Kerry owes him an apology for sitting by without speaking up. Listen as members of the audience laugh as the young man is being shocked. Were they happy he was being punished for just speaking his mind? At that time and still today, it was obvious to me Kerry didn’t have what it takes to be President. If he did Kerry would have stood up, taken the mic and told the officers to step down and to allow the young man to ask his questions. Kerry should have then answered them, assuming they were legitimate questions. If not, Kerry could have declined. Instead Kerry stands by watching this display of what can only be described as a group of campus police acting like common thugs. When a Presidential candidate hasn’t even the backbone to stand up and debate the protester, instead allowing him to be Tased, to shut him up, it’s clear he hasn’t read or understood the United States Constitution. He’s clueless about what makes this country what it is.

And that’s today’s apology; it’s the one that never occurred.

http://www.youtube.com/watch?v=6bVa6jn4rpE

University of Florida Response – The Over-Intellectualized Veiled Apology – Maybe we are sorry and then maybe we aren’t. At the end I’ll include the raw footage from the campus police escorting him out the building and discussing his “inciting a riot”. That’s a waste can charge intentionally mean to be vague and useful in any number of situations where the police need an excuse to make what they did sound legitimate. This is the same mentality to thinks reengineering the facts will make people believe a different version of the true facts. In Wyoming the charge de’ jure is “interference”. [See the comment from Glenrock in The Bush Legacy Paraded in Wyoming: An Intolerant Police State, a new low for America.] And that’s the problem with officially saying it’s alright to apologize for doing something wrong, but then going to court and testifying under oath you did nothing wrong. Gee, for some strange reason this lacks truth, is not genuine and smacks of an untruthful character. A butterfly flying by that distracts an officer on duty is interference.

http://www.youtube.com/watch?v=vNx28N-O9wg

http://www.youtube.com/watch?v=V8ndctwAJmU

To read this series on the apology shield follow these links:

Why Should I Apologize?, September 22, 2009

"I'm very sorry.", but really I'm not., September 23, 2009

An Apology Free From Risk, Isn't Really An Apology, September 24, 2009

How To Expose The Fake Medical Apology, September 25, 2009

Fixing Medical Malpractice by Fixing the Truth, Todays

To read more about American society and the Participation Trophy Syndrome, read Coach Lombardi’s posts on the subject:

Only losers want a participation trophy, winners want to win one. ...

... Only losers want a participation trophy, winners want to win one. ... And remember, only losers want a participation trophy, winners want to win one. ...

No Participation Trophy for Either the Hawkeyes or the Cyclones ...

... No Participation Trophy for Either the Hawkeyes or the Cyclones. ...

FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street ...

The Participation Trophy Syndrome Wall Street ... FINANCIAL MISCONDUCT: Is the answer to frivolous Wall Street bonuses, The Participation Trophy Syndrome. ...

Rubin Navarrette has it right - Don't rescue those looking for a ...

... Rubin Navarrette has it right - Don't rescue those looking for a participation trophy. Let litigation teach them a lesson. ... Losers want a participation trophy. ...

Arkansas Board of Medicine "Sanctions" Surgeon with a " ...

... Arkansas Board of Medicine "Sanctions" Surgeon with a "Participation Trophy". ... A participation trophy in youth sports is a parent's diseased thinking. ...

Sarah Palin promised it would not be politics as usual, and ...

... She epitomizes the Participation Trophy Syndrome. Where is my trophy; after all I showed up. ... She wants a participation trophy for showing up. …

Tort Reform is leading to more, not fewer personal injury lawsuits ...

... We no longer expect our children to earn a trophy, instead feeling guilty we employ the participation trophy. ... Fact, only losers want a participation trophy. ...

Law School Graduation Blues | InjuryBoard Des Moines

... Only losers want a participation trophy. ... She didn't phone the coach demanding he give me a participation trophy to make sure I felt good about myself. ...

Tradition is Tradition and Palin Should Bite the Head off the ...

... This debacle demonstrates why Participation Trophies are so wrong. I wonder if the Russians were ever nervous with Governor Palin being so close to Russia. ...

American Politics - What can a sewer plant controversy teach us ...

... Participation Trophy Syndrome –. Parents all across ... banquet. Only losers want a participation trophy; winners want to win one. It’s ...

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...

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

Originally posted at InjuryBoard by Steve Lombardi