Des Moines Personal Injury Lawyer - Tort Reform

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

TORT REFORM: It might cost you or someone you love, an ARM or a LEG

Barbara Tubridy Lombardi — Tue, 22 Sep 2009 15:26:00 GMT

Most of the general population does not truly understand what Tort Reform means or how it might impact their lives. The “reformists” will lead you to believe that “these frivolous lawsuits” and the attorneys who file them are the problem and we need to STOP THEM before they bankrupt this country and continue to clog our court system. They further argue that these cases are the source of the high cost of medical malpractice insurance, not the attorneys or the law suits they file.

On Sunday, September 20, 2009, on 60 Minutes there was a segment on a new bionic arm, the DEKA arm, a $100 million Pentagon program called “Revolutionizing Prosthetics”. American soldiers who lost limbs in various wars were highlighted as they tried out the new prosthetics. The DEKA arm is a huge improvement over what was previously available that was developed during World War II. "Nobody ever wants to put a price tag on making a soldier or a Marine whole again. But, you're talking about $100 million," Scott Pelley, 60 Minutes correspondent remarked. "It's a big number."

"It's a huge number. But it does a number of things. Number one is, of course, it fulfills our commitment to these fine your men and women who the issue of money compared to what they have done for the service of the nation becomes immaterial," Dr. Geoffrey Ling replied. Dr. Ling is an Army colonel and neurologist who is leading the Revolutionizing Prosthetics program.

Yes, $100 million is a big number. But what if Tort Reform limited the settlement of an auto accident that would not allow you or a family member to replace an arm or a leg lost to an injury in an automobile accident?

Colonel Ling said during the interview, “We have a saying in the military, ‘Leave no one behind’. And we are very serious about that. And that doesn’t mean just on the battlefield, but also back at home”.

Tort Reform would leave all those who are in the most desperate of circumstances behind. Behind on the battlefield of life. Most times through no fault of your own, you might lose a limb, your sight, your life, or your ability to work. Tort Reform would limit how much you would be able to recover without regard to your family, the circumstances of your life, or those who were faced with the task of caring for you for the rest of your life.

There is no argument that these young men and women who have returned from Iraq and Afghanistan and who are missing limbs deserve to be made whole again.

Don’t all Americans deserve that same consideration?

Originally posted at InjuryBoard by Barbara Tubridy Lombardi

Would tort reform put back the healthy kidney?

Steve Lombardi — Thu, 10 Sep 2009 12:18:00 GMT

A 70-year-old retired assembly worker was admitted into the Parkview Community Hospital Medical Center in Riverside, California to have his diseased left kidney removed. Following surgery he learned the doctor removed his healthy right kidney in what they call a “never event” or a wrong-site surgery.

Is it called a "never event" because we get to make-believe it never happened?

The hospital is reported to be denying responsibility and the doctor apologized. We can’t be sure if the apology was genuine or a “patient-ha-ha you can't sue me apology” because the lawyers aren't saying one way or the other. 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. The apology shield law is designed to make all apologies a "never-event" when it comes to evidence the jury will hear. It's thought to be a good law because in the past patients who received an apology were less likely to sue. So now to encourage doctors to say "I'm so sorry." apologies are an evidentiary figment of our imagination. An evidentiary mirage, there really is no oasis in the evidentiary desert. A jury will never hear that the doctor said he or she were sorry. The article doesn’t elaborate on whether the hospital lawyers ordered the doctor to apologize or if he thought of it on his own and really meant to apologize. From the article we also can't tell if the hospital lawyers told the hospital staff to apologize.

How do we know when the hospital lawyer ordered apology is genuine and when they are fake apologies?

So what happened that caused the healthy right kidney to be confused with the diseased kidney? We can’t be sure because everything is so clearly muddled. How about your help me sort through the evidence. Remember I'm just a dumb-ol' plaintiff attorney.

'Chart was Clear'

"The chart was absolutely clear," Watkins said. "This was his left kidney."

Then, one day before surgery, a hospital nurse and Wahlstrom both wrote notes in Torres' chart, indicating that his right kidney was to be removed, according to medical records supplied by Watkins.

"The 'L' turned into an 'R,' " Watkins said. "Everything before that says 'left.' I cannot accept that the hospital is not responsible. What kind of safeguards are in place to make sure that doesn't happen?"

It's unclear whether the hospital practices a pre-surgery protocol and whether the medical staff followed it before Torres' surgery, Watkins said.

Wow, that cleared it all up. Thank you hospital lawyers. Is this the kind or health care reform the hospital industry is offering us? Well golly-gee Private Gomer, I feel better already.

Mr. Torres should be thankful he’s not a Texan. In Texas under the leadership of Governor Perry they've come up with a tough love approach to medical mistakes where they let the patient take responsibility in all cases of catastrophic injury, such as this one. Here listen to Governor Perry turn his back on the injured patient and cheer on early retirement for those responsible for medical mistakes. If you’re looking for the injured patients in this crowd look behind the Governor; I know they should be there because he’s turned his back on them.

http://www.youtube.com/watch?v=RV_PiY5H_go

And if you’re wondering how you explain wrong-side or wrong-site surgery follow this explanation by Tom Shilllue. I wish a judge would let me use this as a closing argument.

http://www.youtube.com/watch?v=SxDx2DlL0UY

In other news of new and innovative legislation characterized as unfair to the medical profession, please note that New Jersey is now “forcing” hospitals to tell the truth and to disclose medical errors. When I was a little boy my mother called this a character builder. In Texas they call it unfair.

I'm guessing that if I asked my mother about the phony apology law she'd summon up that high school education of hers to ask the good Governor a question. "What are you stupid?"

Originally posted at InjuryBoard by Steve Lombardi

Governor Rick Perry from Texas Sucker Punches Arnold Schwarzenegger

Steve Lombardi — Thu, 03 Sep 2009 09:25:00 GMT

If fiscal conservatism is going to survive it needs to stop using a smoke and mirror approach, meaning it has to start being honest about how it approaches saving money. One state saving money at the expense of other states isn't a net gain for the country or the citizens involved.

The Wall Street Journal on August 22, 2009 carried and editorial style article discussing the approaches Texas has taken to reshaping its economic environment and how it is succeeding over approaches taken by states like California.

Fiscal Conservatism and the Soul of the GOP, August 22, 2009, Emily Esfahani Smith

Governor Rick Perry talks about how medical tort reform that capped pain and suffering damages, characterized as non-economic damages, in catastrophic injury cases. The boasting by Governor Perry provided no specifics of exactly how much money has been denied those patients injured catastrophically by the mistakes of the medical profession nor how those few savings creates jobs or a better living standard for Texas citizens. And that’s an important fact. If the state is going to boast it’s saving enough money on denying the catastrophically injured the damages earned through the jury process then the Governor has to honestly open up about how much we are talking about; so we can tell if it is in fact significant or honest. Broad statements unsupported by fact are nothing more than boasting by Texas' leading cheerleading.

Governor Perry goes further than most with his smoke and mirror approach to bragging about how medical tort reforms are working to save the state's economy and to attract doctors to the state of Texas. Let’s assume Texans are reaping significant saving on denying damages to the catastrophically injured, Perry forgets this is America with a wider safety net than just what Texas doesn’t provide to the catastrophically injured. What Petty doesn’t talk about is how Texas caps on damages affect other state and federal programs. When Texas denies earned compensation to these people it doesn’t stop the need.

Catastrophically injured people have needs beyond what Texas allows to be compensated. The injured would have spent the damage award that was denied, what Texas characterizes as “non-economic” damage awards, on real expenses. Those expenses include things like medical services not usually covered or covered less than 100 percent by insurance. Those denied damage awards would cover other expenses like school clothes for the injurer’s children, school books, braces, eyeglasses, college tuition, groceries and other necessities of life their depends need but their catastrophically injured bread winner can no longer pay for.

The point is this, the needs persist even after Texas takes away what a jury has rightfully and fairly awarded. So how are those needs being met? The catastrophically injured have few choices after Texas does it’s two-step around their jury award; they can move to another state or figure out which federal programs can pay to meet the need. And that is money you and I need have to pay through federal or state income taxes.

You see Texas might be saving, but what about the rest of us? Why should we pay for those mistakes Texas physicians make that causes catastrophic injury to Texans? The approach by Texas is on a national scale simply dishonest.

Governor Perry has one hope with his bravado, and that is for the rest of the country to not catch on to how Texans are letting you and I pick up the tab for Texas’ medical mistakes. And that’s the bone I want to pick with Perry. His fiscal conservatism isn’t a fix, its part of the economic disease this country faces. Texas damage caps are nothing more than smoke and mirrors, it’s not a real solution because it attacks the symptoms rather than the disease itself. The question shouldn’t be why there are so many lawsuits. The honest question is why there are so many injuries. Until Republican economic policy can get honest with the facts and asking the right questions the sideshow will continue and the intelligent voters will move away from Republican leadership direction.

For the rest of us, dumbing down the answers isn’t the solution. Governor Perry’s idea for economic progress is nothing more than smoke and mirrors. With this economic bravado he looks and sounds more and more like Palin wearing the latest fashion cowboy boots.

http://www.youtube.com/watch?v=NrzXLYA_e6E

http://www.youtube.com/watch?v=RV_PiY5H_go

For additional reading see the series written by Steve Lombardi on Texas Tort Reform and the economics of non-economic damages.

Texas Tort Reform Math: Your life + my mistake = your problem. ...

... Texas Tort Reform Math: Your life + my mistake = your problem. ... That’s exactly what doctors have done with what they call Texas tort reform. ...

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The Tort Reform Act overhauled civil litigation in Texas by placing a cap on non-economic damages. ... Miscellaneous. Lawsuit Challenges Texas' Tort Reform Act. ...

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... In the Workplace. Workplace Injuries. Miscellaneous. Miscellaneous. Texas Two Step --- Tort Reform Style. Email Member. Brooks Schuelke. ...

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... Miscellaneous. Miscellaneous. Tort Reform Benefits Insurance in Texas. ... The other reason given for Texas needing Tort Reform was that Texas needed more doctors. ...

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... Texas Plus Tort Reform - Oklahoma's Deception. Email Member. Jeremy Thurman. Jeremy Thurman. Attorney (866) 735-1102 Ext 412. Posted ...

Justice In Texas Points Out The Injustice Of The Law | InjuryBoard ...

... Under the present law in Texas, he would have really received $250,000. The product of tort reform caps that Steve Lombardi has covered extensively here at the ...

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... In the Workplace. Workplace Injuries. Miscellaneous. Miscellaneous. Texas Supreme Court's Judicial Activism/Tort Reform is In the News. ...

Tort Reform and the Effect of Medical Malpractice Caps

... the state of Texas experienced an average 21.3% decrease in medical malpractice insurance premiums during the four years following the tort reform legislation. ...

More Tort Reform Heroes | InjuryBoard Austin

... the few books that really looks into the stories and shows the real truth (or lack thereof) behind tort reform. ... Meet your local Austin, Texas InjuryBoard Firm. ...

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... Why do the proponents of so-called tort "reform" position this idea as if it's ... exists that it lowers health insurance premiums - because it hasn't. Texas is a ...

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... In this YouTube video clip titled Texas Tort Reforms Good for Texas (Well not all Texans) you’ll see the face of the Texas tort reform movement. ...

Portion of Arkansas tort reform law ruled unconstitutional ...

On May 7, 2009 the Southeast Texas Record reporter Michelle Massey, Texarkana Bureau, writes that a portion of the tort reform law passed in 2003 by the ...

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... the lawsuit, filed in the US District Court for the Eastern District of Texas in Marshall, challenges the 2003 Medical Malpractice and Tort Reform Act, which ...

Newt Gingrich Panders To Doctors Without The Facts | InjuryBoard ...

... In response to your critique on Texas’ tort reform measures and in defense of our April 27 Philadelphia Inquirer piece, you may find the following facts ...

Part 5.2 of 10: The economics of non-economic damages. Is the ...

... SO WHAT IS GOING ON IN AMERICA? Why is tort reform so popular? ... Which sounds a lot like Texas civil damage law as applied to Mr. Fitzgerald. ... 101k

Sarah Palin's Take On Health Care Reform: Support Local or ...

... Rick Perry noted that, after his state enacted tort reform measures, the number of doctors applying to practice medicine in Texas “skyrocketed by 57 percent ...

PART 6 of 10: The economics ... Hairspray news is full of half ...

... Yesterday we listened to Texas Tort Reform propaganda and it should make you wonder where before you’ve heard similar proclamations by people in power or ...

Medical Malpractice | InjuryBoard Iowa

... Texas Tort Reform Math: Your life + my mistake = your problem. Steve Lombardi | May 07, 2009 10:35 AM | 0 CommentsDes Moines, IA. ...

Medical Malpractice | InjuryBoard Des Moines

... Texas Tort Reform Math: Your life + my mistake = your problem. Steve Lombardi | May 07, 2009 10:35 AM | 0 CommentsDes Moines, IA. ...

Oklahoma Tort Reform Postscript: Surgeon Operates on Wrong Knee ...

... Oklahoma Tort Reform Postscript: Surgeon Operates on Wrong Knee. ... Tort reform in Oklahoma or anywhere else is a bad deal for United States citizens. ...

Tort Reform No Cure For What Ails Our Health Care System ...

... Tort Reform No Cure For What Ails Our Health Care System. ... One of the common myths is that the only change our health care system really needs is tort reform. ...

Tort Reform Arguments Fueld by Insurers, Tobacco Companies and ...

... Tort Reform Arguments Fueld by Insurers, Tobacco Companies and Corporations. ... In addressing the issue of tort reform, an article in POLITICO, noted that: ...

US Chamber of Commerce Continues to Beat Tort Reform Drum ...

... US Chamber of Commerce Continues to Beat Tort Reform Drum. ... PRI's own rankings show there is no correlation between tort reform and "costs". ...

Is Tort Reform the ultimate hypocrisy? | InjuryBoard Mobile

... Fraud Health Insurance Healthcare Bill Medical Malpractice Missouri payday loans Nursing Home Abuse Nursing Homes Shareholder rights Tort Reform. ... Texas. Austin. ...

Tort Reform: What's in a Name? | InjuryBoard Mobile

... fraud Health Insurance Healthcare Bill Medical Malpractice Missouri payday loans Nursing Home Abuse Nursing Homes Shareholder rights Tort Reform. ... Texas. Austin. ...

Great Op-Ed on Tort Reform (Civl Amnesty) in Oklahoma ...

... do to the average everyday Oklahoman with what they call tort reform, but what ... voters about the important issues facing Oklahoma, lawsuit reform was not ... Texas. ...

Tort Reform In Ohio: What They Don't Tell You | InjuryBoard ...

... Tort Reform In Ohio: What They Don't Tell You. ... The problem with the whole concept of tort reform is that there was never a need to reform in the first place. ...

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... Part IV: Tort Reform or Pork Reform? What about Madoff’s lawyers? ... Tort reform has no honesty exception. Tort reform has no conscience. ...

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... Tort Reform: "Why not?" I'll admit we need more tort reform if you agree to answer this simple question. "Why?". ... I keep talking about tort reform on this blog. ...

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... Part II: Tort Reform or Pork Reform? My reply to the ATRA. ... I’m back today with Part II to Mr. McKinney and his comments concerning Tort Reform. ...

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... Here is what is wrong with Wisconsin's Anti-Cheerleader Tort Reform. ...

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... Tort reform swept through Texas and Bay Area Citizens against Lawsuit Abuse and legislator Jaime Capelo headed the push. Now he ...

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... cholesterol-lowering drug Baycol continued in Corpus Christi, Texas this week ... House Committee Approves Tort Reform Legislation. Posted by Staff Writer. March 06 ...

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... Tort Reform: A War of Attrition. ... Was there no efficiency? I have listened to many sides beat the drum for tort reform over the years. ...

Part 5.4 of 10: Will Katrina fight for the women with bound feet? ...

... Now if you think I'm going to give up on posting about Texas Tort Reform you're wrong. So don't hold your breath. I'm just warming up. ...

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... Nothing could be further from the truth. Texans for tort reform talk about how lawsuits are killing the Texas economy but the facts say otherwise. ...

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... Caps were passed in Texas limiting pain and suffering to $250,000. Hunter acknowledges that tort reform has not reduced premiums. ...

InjuryBoard Oklahoma City Archives | February 2007

... Texas Plus Tort Reform - Oklahoma's Deception. Jeremy Thurman | February 07, 2007 2:50 PM | 0 Comments Category: Medical Malpractice. ...

Originally posted at InjuryBoard by Steve Lombardi

What’s Right with Dunkin Donut's Demonstrates what’s wrong with the Ronald McDonald Business Plan

Steve Lombardi — Mon, 17 Aug 2009 10:45:00 GMT

Doug Landau of Fairfax, Virginia writes on the Injuryboard “Hot Coffee” spills the beans on frivolous lawsuit charges. August 7, 2009. This, like participation trophies, is one of my favorite subjects.

Coffee Warning - It's Hot! Tort Deformers Mantra, August 17, 2007

Doug’s post is about the documentary, “Hot Coffee” that will preview at the Sundance Film Festival next year. I can’t wait. The reaction across this country to the McDonald’s hot coffee verdict was almost as dumb as American voters electing Bush the first time. If ever there is an argument to be made that the typical American can be made to believe anything by following a simple formula, the Madison Avenue McDonald’s outrageous verdict campaign proved it.

I grew up in Rhode Island during the 1960’s and 70’s. In New England most people picked up a coffee at Dunkin Donuts and to my knowledge DD hasn’t ever been sued for a similar business practice. And there is a good reason for them not getting sued for a situation like the Stella Liebeck hot coffee debacle. In R.I. you order your coffee first with a question “Do you ant that regg-u-la?” and you answer with a yes or no. If "Regg-U-la” the store clerks adds cream and sugar, then puts on a lid and hands it to you.

(We Rhode Islanders talk funny. We say CHOW-dah, Geddout, and wicked good.)

As Rhode Islander and New Englander’s we may tawk pretty odd but we know a stupid idea when we see one. And the McDonald’s way of selling coffee is pure idiocy.

The question isn’t why Dunkin Donuts does it that way; but why doesn’t McDonalds add the cream and sugar before handing you a Styrofoam cup with a loose lid full of 190 degree liquid?

Why doesn’t McDonald’s mix the cream and sugar before handing it out the window? Why are they having people mix cream and sugar into a cup of 190 degree scalding hot coffee while seated in their cars, trucks, vans, SUV’s and any other vehicle pulling up to the drive-up window? I can tell you why, it’s because they time every step and figure out how to squeeze another dime out of the sale. Save a penny on every transaction and all those transactions add up to a better bottom line. For McDonald’s it isn’t about the customer as much as it’s about profit. I think McDonalds should earn a health profit, but at what cost?

If you have time to ask, “Can I Supersize that order?” you have time to add the coffee condiments.

Now some of you will argue with me saying it’s just the way of a free-enterprise system of making money. And to you I say okay, bring a knife with you and next time you buy a Big Mack you can add the mustard, catsup and pickle while seated in your brand new Escalade.

“Hey junior here’s the knife, watch out don’t stick your sister in the eye. Who’s got the mustard container? Hey did you cut the leather seat?”

If as a McDonald’s customer you’re not required to add condiments to your cold burger why sugar and cream to your scalding hot coffee?

The business model makes as little sense to me as does the judge reducing the verdict and the public getting all up and arms over the case. The Liebeck verdict was as right for it’s customers as was the slogan,

Twoallbeefpattiesspecialsaucelettucecheesepicklesonionsonasesameseedbun

What the public allowed was the right question to be redefined into the wrong question. The question is, "Why are their so many injuries?" Not, "Why are there so many lawsuits?"

Yes, they fooled you again into being the consumer fool.

Instead of spending money on a toy they could spend money on wages to ask a simple question and then to add the cream and sugar. But customer safety is obviously not something adding to the bottom line.

Dunkin Donuts business model is consumer oriented and Ronald is oriented towards CEO's and shareholders.

Follow Hot Coffee on Facebook

http://www.youtube.com/watch?v=gwfrBbNo5Jg

http://www.youtube.com/watch?v=XvhDw5bQbd8

Here is the McDonald’s rap that has over 9,534,272 views on YouTube and demonstrates the typical American consumer mentality.

" Going drive-thru style, man it's fast express
You can call it trans fat, I call it happiness"

http://www.youtube.com/watch?v=Q5H7IYPw40Q

Originally posted at InjuryBoard by Steve Lombardi

Crotch Rocket Speeding 188 MPH Still Under the Radar of Tort Reformers and the U.S. Chamber

Steve Lombardi — Tue, 11 Aug 2009 12:59:00 GMT

We’ve got another high-speed chase involving a motorcycle, or crotch rocket as they are famously called. Do you remember this post? It described a news article about a Yamaha YZF-R1 motorcycle being clocked in the Cedar Rapids area at over 164 mph. Read the story if you need to but I’ve given you the gist of the idea.

YAMAHA and the ATRA might ask: Why are there so many personal ...

... According to Motorcycle Magazine, here are the specifications: TECH. Price. ... Single Soqi shock with adjustable spring preload, high/low-speed compression and ... 101k

Today we have another one; in this one a 36-year-old was spotted by troopers in I-29 near Missouri Valley and then on I-480 and then on I-80 in Omaha. The biker was clocked at 188 mph.

So what is my point? We talk about tort reform and we hear there are too many lawsuits but we don’t hear about corporate responsibility. Why sell a street bike that can’t legally drive this fast and that endangers other drivers and pedestrians?

Why talk about individual responsibility without coupling it with corporate responsibility?
If the corporation didn’t see a street bike that could drive 200 M.P.H. drivers wouldn’t be able to endanger people’s lives.
So why take away the innocent citizens right to receive adequate compensation or to bring a claim when they do?
And where is the American Tort Reform Association, the U.S. Chamber of Commerce and their public salesmen for corporate America with reprimanding the manufacturing industry? Why do these organizations selectively pick on the injured? I guess you’ve have to ask them.

Tort reforms that go after the innocent driver by making it tougher to collect or to sue just make it easier for the guy driving the street bike almost 200 mph.

It all makes little sense to me.

Originally posted at InjuryBoard by Steve Lombardi

Pork Reforms not mentioned by the American “More Pork” Reform Association, why do hospital's advertise?

Steve Lombardi — Tue, 14 Jul 2009 10:08:00 GMT

Consider the policy of medical service providers wanting tort reform measures to save money. The policy is to make severely injured patients pay for the cost of medical mistakes that they had no fault in committing. The health care workers make the mistakes and the patient gets to pay. Manufacturers want the same gravy train from financial responsibility. They make or import crappy products from third world factories and you, the consumer pays. It's just more pork for those already taking multi-million dollar bonuses while running the source of our pay checks right into the ground.

Does this make sense or is this illogical? Let's consider the evidence on hospital's advertising. Today let's focus on how hospitals could save money but choose otherwise. Let's examine how our health care dollars are being spent and you can ask yourself if it's a wise investment towards better more affordable health care.

I often wonder why hospitals advertise. With all this talk of tort reforms to save money an explanation is necessary as to why it’s necessary that they advertise. Do the hospital CEO’s think we need to be told that if we’re having a heart attack that the hospital has an emergency room? I’ve never taken a poll but my guess is that most adults that can read the English language already know the hospital has an emergency room.

I opened up my latest version of Newton Magazine, a very nice local monthly publication edited by Jonathan Brickman that is targeted to one particular suburb of Boston. The ad on the inside cover is about an orthopaedic service offered by Newton Wellesley Hospital in collaboration with Massachusetts General Hospital. Page four has a full-page ad about diabetes from the Joslin Diabetes center. Page seven has a full page ad about heartburn and other digestive disease treatments at BIDMC. Then, of course, there are the smaller ads sprinkled through the magazine from practitioners in cosmetic dentistry, ophthalmic services, varicose veins, plastic surgery, concierge primary care, in-vitro fertilization, acupuncture, psychology, home care, assisted living, and cord blood banking. But for this post, let me focus on the hospital ads.

ON ADVERTISING, Running A Hospital Blog

I’m going to go out on a limb. If I had to guess hospitals advertising on billboards, in magazines and on television have to pay. What do you think? What do you believe; is it cheap or expensive to advertise? Is this a good use of tax and insurance dollars?

Who do you think pays for hospitals to advertise?

Nonprofit Hospitals Get Wealthy Fast, but Don't Share Much, BNET Healthcare, April 12, 2008

Last week, a page-one WSJ story revealed the dirty little secret of some nonprofit hospitals — they have grown very very wealthy, very very quickly. (The article itself, titled “Nonprofit Hospitals, Once For the Poor, Strike It Rich,” is visible via this Google News link, but otherwise behind a paywall.) The 50 top nonprofit hospitals racked up net income of $4.6 billion in 2006 (no, that’s not a typo), versus a little more than $500 million in 2001.

http://www.youtube.com/watch?v=1xPp2FYB2J0

Once again consider the policy of medical service providers wanting tort reform measures to save money. The policy is to make severely injured patients pay for the cost of medical mistakes while Fox is reaping the benefits of hospital advertising dollars. This policy doesn’t seem to make a lot of sense to me. Essentially we are asking those catastrophically injured to pay for hospitals to advertise. Is that the policy we wish to advance or is it simply a matter of a CEO's ego driving public policy?

Have you ever considered the competition between hospitals trying to encourage the same sick or injured patients to pick one hospital over another? They advertise with veiled innuendos about whey their hospital is the better one. Allow me to write the ad copy for what I consider to be a really good hospital ad under this current public policy.

The Top Ten Hospital Ads

1. “Pick us! Pick us! We have sharper needles!”

2. “When you’re in the ambulance and it’s time to choose where to go, pick Our Hospital because we don’t kill as many patients.”

3. “Have you ever seen the infection rates at Other Hospitals in town?”

4. “Only the devil would choose XYX Hospital. We treat only saints.”

5. “Our doctors can read and spell! Think of how nice your chart will look!”

6. “If you die in our hospital you’ll be closer to the funeral home.”

7. “Our ambulances have air-conditioning and new shocks!”

8. “Our ambulances hardly ever break down!”

9. “Our hospital requires all ambulance drivers to have a license to drive!”

10. “Most of our patients leave the hospital alive!”

Let’s not forget hospitals and health insurance carriers go hand in hand to the ad agency.

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

http://www.youtube.com/watch?v=ohpiB4_ezPg

http://www.youtube.com/watch?v=fPibcB1Rego

http://www.youtube.com/watch?v=a189xAYBRv8

http://www.youtube.com/watch?v=R41MtBhKrbE

Here is how I feel about my tax dollars being used to pay Fox, CBS, NBC and all the others for hospital ads.

http://www.youtube.com/watch?v=zFSEpm6_-dI

Here are some of the ads I’d create.

http://www.youtube.com/watch?v=GkyP6LEIvlY

http://www.youtube.com/watch?v=IPlqhw8AoQI

The UK spends $50 million on hospital chaplains.

Why does the ATRA and the Chamber of Commerce pick not on the waste in the system that can easily be eliminated, but on those injured by professional mistakes? From my standpoint this is disgracefully intended to line the pockets of CEO's who already are taking multi-million dollar unearned bonuses and huge pay checks to do very little. While they should be focusing on pork reforms they instead point the finger at those who are not responsible for the mistakes and shout the injured need to take responsibility. It's not the injured that need to take responsibility, it's those in charge. When the team consistently loses it's the coach who gets fired, not the fans. America is ill, we are easily lead to slaughter by the fox. Those paying for these ads are laughing at us for being so easily led astray. They reap huge financial windfalls and you get to pay for their mistakes.

Ask yourself, how gullible are you?

Let’s pick on airports and the TSA next. I'll be in Frankfurt, Germany for a few more days but when I return let's begin to examine why we need 50 TSA employees standing around the airport screening booths. And again ask yourself why does the airport authority advertise? Don't you know where the local airport is located? I don't believe I need someone to tell me they have a runway and airplanes. That's a given.

Originally posted at InjuryBoard by Steve Lombardi

Part VI: I want to make ten tort reform minded people filthy rich. Are you one of them?

Steve Lombardi — Wed, 24 Jun 2009 12:24:00 GMT

Today I want to accomplish one of two things:

1. Either make all the tort reformers filthy rich; rich beyond their wildest dreams; or

2. Demonstrate a false impression the tort reformers are creating.

Tort reformers want you to believe that doctors are ordering unnecessary medical tests for sick or injured patients just to avoid being sued. There are a lot of people that by now have the impression this is true and that it is a common practice. Most people believe we spend hundreds of millions of dollars ever year on unnecessary tests. Most people believe that it’s so common that lawyers are getting rich and doctors are sick of seeing it happen.

We assume lawyers are greedy and doctors are good and it's something about the law suit system that allows this to go on. Right? Now don't forget the greedy trial lawyers. Promise you won't forget the greedy trial lawyers.

So let’s test that premise you believe exists.

If you can prove it we can both get filthy rich. I mean it. First let’s identify who likely has the evidence we will need to prove our case. First we need to identify the patients and doctors involved along with the unnecessary test and the date the tests were performed. Then we'll sit around and add up the hundreds of millions of dollars in reimbursement charges and then we'll figure out how rich we are going to be. You with me so far? Good.

WHO MUST HAVE THE INCRIMINATING EVIDENCE?

1. I figure that tort reformers have a filing cabinet full of evidence that has names and all the contact information we need. They’ve been in existence long enough to have been contacted and provided with the evidence to prove the premise is true.

2. If they don’t then doctors know who amongst themselves are ordering unnecessary medical tests and knowing I will make them filthy rich; so rich they can immediately retire, that they too will step forward.

3. Then again we all know a lot of people and most laypersons can identify at least one person in their community that is involved with having had an unnecessary medical test performed. So we have three groups who certainly have some of the evidence we will need to join Wall Streets filthy rich club. But let's not stop there because I know there has to be one more organization with filing cabinets full of examples of unnecessary tests.

4. Blue Cross Blue Shield and all other health insurance companies regularly review claims and the claims people should also be able to name those involved with filing and seeking to receive payment for unnecessary medical tests. The claim adjusters must have filing cabinets full of the evidence we will need to prove the assertion that doctors are ordering unnecessary medical tests for the sick and injured.

THE LAW

The law doesn’t allow anyone to file false claims. To do so is the crime of fraud and theft. If doctors are filing false insurance claim forms it would be evidence of criminal activity. For a hospital to systematically have employees do the same would be evidence of a criminal enterprise. It’s a violation of the BCBS contract agreements for doctors or hospitals to file false claims for reimbursement. In point of fact BCBS is pretty sophisticated at knowing what medical care is reasonable and necessary and I’m certain if the premise is as true as the tort reformers claim it is then they too will have filing cabinets full of the evidence we need.

THE WAY WE ARE GOING TO GET RICH; FILTHY RICH

You have to remember that as one of those trial lawyers that tort reformers claim is greedy I too want to be filthy rich. So you can help me get filthy rich just by proving the tort reform premise described herein. Since I brought it to your attention you have to include me. Right? I can’t wait! I’ll be able to retire early! This is too good to be true!!! Barbara pack our bags we are heading to the Outer Banks and shortly will be able to buy entire towns where we can pick and choose our neighbors. I can’t wait.

Okay, sorry I was pretty excited and forgot to tell you how we will get rich. Here’s how. In those filing cabinets of evidence you’re sending to me, we will find false claims for unnecessary tests being performed by the elderly and poor who are on Medicare and Medicaid. I will contact the U.S. Government and turn in those doctors and hospital systems that are turning in claims for totally unnecessary tests and getting government reimbursement. That is so illegal I can’t tell you how quick they will settle. And when they do you and I will be rewarded with a huge chunk of money by a law that has been on the books as far back as the Civil War. It’s called a qui tam action and it was put in place to get citizens to help the government figure out who is defrauding them. When they settle with the wrongdoers’ we get to keep a large portion of the money received. Get it?

In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "[he] who sues in this matter for the king as [well as] for himself."

The False Claims Act provides incentive to relators by granting them between 15% and 25% of any award or settlement amount. In addition, the statute provides an award of the relator's attorney's fees, making qui tam actions a popular topic for the plaintiff's bar. An individual bringing suit pro se, that is, without the representation of a lawyer, may not bring a qui tam action under the False Claims Act. See, for example, United States ex Rel. Lu v. Ou, 368 F.3d 773 (7th Cir. 2004).

Did you read that percentage amount? We get to keep 15 to 25% just for turning them in! We don't even have to spend any money on this investment; just a phone call! Isn't America great!

Okay, so my guess is you'll send in at least $100 Million worth of phony test claims. That means we will share a cool ... it's so much money I can't even multiply. You do it. What are you going to do with your money? I'm heading to the Outer Banks with mine! I'm going to buy Kitty Hawk and that striped lighthouse; then kick everyone else out for good. I think they call it Cape Hatteras Lighthouse. No matter, Barbara and I are going to rename it for my mother. DollyHouse!

http://www.youtube.com/watch?v=BAjp8BAzJXo

ARE YOU HAVING DOUBTS?

Wait you’re not having doubts are you? Remember how convinced you were of the initial premise? What happened? Why are you now a doubting Thomas?

Damn you're right we forgot about the greedy trial lawyers. If they are so greedy why haven't they done this already? Don't any of them know the law? Haven't they heard about false claims? Man this isn't looking good. Are you telling me I'm back to swimming in a crappy pool for two stupid months in stinking crappy Iowa weather? Barbara unpack the bags!

WHAT IF THE TORT REFORMER’S PREMISE IS FALSE? THEN WHAT IS REALLY GOING ON HERE?

Tort reformers use a well-known method the Nazi’s used to convince people the Jews were the root of Germany’s social problems. Like the Nazi’s what the tort reformers don’t want you to do is think too much. The way they get you not thinking is to set a premise, then surround it with only part of the relevant facts and afterwards to repeat it so many times that a false impression is both created and firmly fixed in your memory. If you voice any opposition or doubts you’re grouped into a hated social order and the finger gets pointed in your direction. By the time you’ve heard or seen the ad for the tenth time you believe it’s true. You believe this even though you can’t name a single person or situation that fits into the tort reformer’s claimed premise.

How do they do it to us?

Watch this short ten minute clip and you'll see how and why ad agencies were created and upon what the ads they create are based.

How corporate took what was formerly known as propaganda and transformed it into today’s more acceptable term, “public relations”.

http://www.youtube.com/watch?v=JrOz-inIG30

That is what the law and litigation is all about. We don’t get to state conclusions in court, we have to present evidence that allows the fact finder to draw their own conclusions. And that’s where the tort reform movement fails; if you think you will see there are not specific instances of unnecessary testing being presented. There are no names of hospital systems or doctors who have engaged in ordering and getting reimbursed for unnecessary tests. There is only the conclusion.

Allow me to ask one more question that comes from those same ad agencies.

“Where’s the Beef?”

http://www.youtube.com/watch?v=aISkVvi5iI8

http://www.youtube.com/watch?v=EOyQfd7OqIY

Oh well at least you and I got to see the Outer Banks; even it was only on YouTube!

Originally posted at InjuryBoard by Steve Lombardi

Pennsylvania Doctor Laments there just aren't enough Medical Malpractice Cases

Steve Lombardi — Wed, 24 Jun 2009 09:36:00 GMT

In Morning Call, a Pennsylvania’s newspaper reports medical malpractice lawsuit trials are on the decrease as more cases are settled. In a followup article John A. Kibelstis, M.D. openly worries about who with adequate trial experience will in the future defend them.

When the desire to make a legitimate profit turns to greed we get the types of admissions as seen in Pennsylvania.

WASHINGTON, D.C. - The Pennsylvania Medical Society admits it made unsubstantiated claims in its campaign to scare citizens and lawmakers into believing that a medical malpractice crisis justifies changing the state constitution and curtailing the legal rights of injured patients.

The medical society has insisted that malpractice insurance costs have driven as many as 1,700 doctors out of Pennsylvania. But on April 22, the chairman of the medical society finally acknowledged to state legislators that data show the state has gained 800 doctors over the past two years, as reported by the Morning Call of Allentown.

Talking Justice

Wanting to make a profit is fine, but lying to create a false impression of the need for changes that favor your wallet is simply being greedy. Greed is just another from of gluttony; the vice that caused the fall of Rome. This is shameful for an organization of professionals to seek to take away the rights of injured patients simply for the sake of fattening their paychecks; and especially from a profession that takes an oath to do no harm. Supporting reforms that pass on the costs of medical mistakes to the innocent and injured patient is just another form of unbridled greed. Have we no shame? Don't wonder why this next generation seems to have no drive to participate in the establishment. Because we are the establishment. We've become what we marched against in the 1960's.

Does the oath to do no harm exclude lying that harms the patients' financially?

This organized lying is really despicable when you consider the harm caused to patients with inadequate recovery to pay for future medical treatment, to send their kids to college, to buy groceries or other necessities of life. How do they sleep at night?

The doctor's are sounding like farmers sitting around the coffee shop complaining about the weather; too much rain, not enough rain and remembering $4 corn or something to that effect; heck when I last heard that conversation I was a transplanted New Englander in the Midwest as a law student who hadn't a clue what price made corn a good crop to plant. My mother-in-law at that time, a farmer's wife from Newton, Iowa always had a lawyer joke for me. I had one about farmers that today I'll modify for doctors.

Do you know why doctors don’t drive Cadillac’s? The glove box isn’t big enough to hold all the government relief checks.

What does society really need; more tort reform or pork reform?

Originally posted at InjuryBoard by Steve Lombardi

Part V: Tort Reform or Pork Reform? Does the ATRA and the Chamber have something to hide?

Steve Lombardi — Mon, 22 Jun 2009 14:01:00 GMT

I’m puzzled though about the ATRA would you mind answering a few questions for me?

How much did the ATRA and the Chamber spend on ad campaigns last year?
How much is in the budget this year for ads?
What is the annual budget for the ATRA?
And how about the Chamber?
Where do they get their funding?
Any come from outside this country? If so from where and how much?
Do you believe in hedge funds making full disclosures?
Does the ATRA and the Chamber have something to hide?
If you won't answer these questions why won't the ATRA and the Chamber disclose where they get their donations?

Is there a commonality of interests between the ATRA, the American Chamber of Commerce and the Chinese Communist Party? Don't you all advocate for a lack of corporate accountability?

Is that where the ATRA and Chamber get some funding? Isn't profit the reason why these organizations choose to try and cripple the American judicial system? What was it I saw written last week, Poorly Made In China, by Paul Midler. Here is something written by Alana Flipovich from Shanghai:

“Last year's milk scandal brought to light the worst excesses of cost cutting to make a buck in the new China. Poorly Made in China is a new business book told from an insider's perspective of the often murky waters of Chinese manufacturing. The insider in question is Paul Midler, a China business veteran who in the course of his career has worked directly with hundreds of manufacturers in China. Urbanatomy caught up with him to discuss his controversial new book...”

That sounds amazing similar to what we experienced in the American financial markets. Let's look at another recent business policy that has similarities between communist China and American capitalism. It's what they both refer to as land ownership reforms.

Is the American Tort Reform Association and the Chamber also in favor of any government taking private land to resell to big developers? Remember the Kelo vs. New London, Connecticut case involving eminent domain. The taking of privately owned land and handing it off to private business interests is going on in both communist and capitalist countries. While it's a communist governmental policy the American business community has embraced its introduction in America with open arms. Recent video from China and the reports from America look and sound quite similar.

Communist China takes private land to make private businessmen a profit. Does America? Aren’t we the capitalists fighting for freedom? I thought we were. You watch and you decide.

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

I don't support Ron Paul and this isn't about his politics but the clip is shorter than most so I selected it.

_______________ Connecticut

http://www.youtube.com/watch?v=h1wS0_blGAw

Listen to the homeowner Susette Kelo describe how corporate America using the power of government took this little pink house and evicted the homeowner. It’s as despicable in China as it is in America.

http://www.youtube.com/watch?v=4N1svadJQ40

_______________ Ohio

http://www.youtube.com/watch?v=3xKRqHcc9Q0

_______________ California

http://www.youtube.com/watch?v=w7HnPOxG8MU

All of this makes me wonder whether communist influences are hiding behind organizations that advocate for corporations to be free from responsibility. So allow me a few questions.

Why is the American Tort Reform Association and the U.S. Chamber of Commerce spending so much money on destroying the civil justice system?

Why aren’t they spending money on restoring corporate accountability and preserving the rights of the American taxpayer?

Am I alone in seeing fewer and fewer differences between communist government policy and the American government’s treatment of its own citizens? I’ve been asking myself how the ATRA fits into this correlation between their advocating for lowering corporate America’s responsibility to the American people and how China treats its citizens. A judge in Omaha once said to me, if you want to know the reasons follow the money. And that’s what I’m intending to do. Obviously the ATRA and the Chamber have a lot of money so how about showing us where you get it?

My guess is they won't. The ATRA and Chamber supporters who add comments shy away from using their legal names and continue to hide behind false or assumed names. They act like communists, sound like communist so I’m wondering who they really are. They want us to believe they really care about the American capitalist system; when in fact they act to destroy our economy. They preach about individual responsibility yet remain quiet when it comes to Wall Street excesses and corporate responsibility. While Big Pharma cooks prescription drug research the Chamber sits mute on the side lines.

They claim to care and to be the American heroes by talking about a cup of hot coffee, a pair of lost pants, one laptop, a goose on the loose and a box of cereal but their actions destroy the public's trust in corporate America and the financial markets. I'm not buying into their ideas and if I had it my way Congress would investigate where their money comes from. While the general public listens to their propaganda, I’ll continue to represent the people that care about this country and that built it with their blood, sweat, broken backs and splintered lives. I’ll keep looking widows and widowers in the eye and telling them there are forces at work in America whose only goal is to make their lives more miserable by destroying the American judicial system. Yes if I need to say it I’m proud to be an American trial lawyer.

You keep driving to work in cars that my client’s hands made, on roads their broken backs constructed and having a nice office in a building that my ironworkers probably died building. I’ll bet you like coffee in the morning while you sit around some big fancy conference room table (poorly made in China) talking about how to destroy the American workers chances of getting a fair shake? And when your kids play soccer they can thank the trial lawyers like me that sued and caused soccer goal manufacturers to redesign and manufacture them so the goal didn’t fall over and cause your kids to become brain damaged.

Your organizations want all the benefits and none of the responsibility. Sounds like communism to me. Tomorrow allow me show you more of the America the ATRA and the Chamber wants and is trying to create.

Let’s be back tomorrow for Part VI of this series called, Tort Reform or Pork Reform?

Originally posted at InjuryBoard by Steve Lombardi