Amazing, Lovely Elderly Woman Right to Life Violated in the ER.

Amazing, Lovely Elderly Woman Right to Life Violated in the ER.

Sunday, November 18, 2018

Pro Bono is not working, how about adding Lo Bono?

Pro Bono is an elusive legal service that The Bar loves to promote. Do you have a Pro Bono story to share, please share it in the comments section. My opinion about Pro Bono is it helps those who have been evicted, victims of spousal abuse, wrongfully convicted, and Immigration issues.

The problem I have with Pro Bono and Immigration issues is it is a never ending abyss that once a law firm or free legal aid service is ensnared in, the firm basically shuts out other types of victimizations and worthy of help.

Maybe it is too fore boding of a task to do pro bono because a law firm can only help one person at a time. Are law firms trying to help the afflicted on a national level?Presently there are many dire situations involving the elderly, their medical rights being trampled upon with no fear of prosecution of the medical industry violators, which just emboldens the medical industry violators who in many instances are above the law. Pro Bono could do more to help families who are losing all access to a special needs family member because of the conservator game and questionable Guardianship tactics that ensue.

If I could wave a magic wand to make something happen, I would like to see a Lo Bono Network established that would offer services at the lowest possible price. We read about the low hanging fruit of Pro Bono that is just not available, but we never hear of lo bono services.

Imagine a law firm offering quality internship aid that is overseen by an experience lawyer for 75 to 100 dollars an hour. Or Expert Testimony that charges a very modest fee by the day rather than an hourly fee that starts from when the expert leaves their home and does not end until the expert returns home.

The next time anybody dangles the concept of Pro Bono, in many cases, especially for the aged and disabled or the blue collar family with a special needs child, it may just be feel good talk. Remember to ask yourself, why don't we ever hear of Lo Bono services? 

Saturday, November 17, 2018

Did Taylor Swift's Court Case that sought one dollar in retribution create a Court Precedent?

I am not a lawyer but I have often wondered, can a case be filed after the deadline has passed to collect monetary damages, for the express purpose of being able to legally claim that the Defendant committed harm to another?

Many times when a wrongful death occurs the family has to deal with the shock, possible loss of income if the victim had income, cost of the funeral, emotional outrage, and being ground up by the legal system that always seems to have a reason to not litigate. The result can be that a proper legal filing just becomes too daunting of a task.

But what if a few years later the family has rebounded and has money available to file a claim against the parties that allegedly caused an avoidable death but the filing deadline to collect damages has passed? Most of us have been led to believe that when a filing deadline has passed, no filing can be made.

I would suggest that if a case cannot be filed once the monetary deadline has passed, that a precedent was set when Taylor Swift sued for one dollar. Whether Swift filed before any deadline, or after, by seeking one dollar the case was no longer about monetary compensation, the case was about justice according to Ms. Swift's version of events.

Taylor Swift was unable to collect a reasonable amount of money for damages, yet she proceeded with the lawsuit anyways. I see this as a precedent so that going forward, a case can be filed even after a deadline as long as the Plaintiff is not seeking a monetary verdict.

There is value in being able to legally state that a specific person harmed another, the value being not being sued for slander. So if anyone out there has been told that they are too late filing a case, but they can afford to file the case anyways, there is value in getting a verdict in their favor since it can save them from being accused of slander for speaking the truth.

If you agree or disagree, please leave a comment and if you can, identify if you are a lawyer or not.

Friday, November 16, 2018

How the Monitoring of Social Media Comments by Insurance groups and the Medical Community Might Backfire.

The advice written in this article, and on this blog, or anywhere on the Internet by Alessandro Machi is potentially worth tens of millions of dollars to Med Mal Attorneys who represent the Victims of Med Mal. Any use of the information provided in this article or any other article I, Alessandro MachI have written in this article, on this blog, or anywhere else on the Internet that is used to garner a large settlement, I am requesting 5% of the settlement go to me, Alessandro Machi. Otherwise, stop reading right now.  My goal is to one day file my own lawsuit that will help protect the elderly, so any compensation I receive from benefiting others has the possibility of going back into the legal field via a new lawsuit that will help protect seniors.

If social media medical comments are being monitored by the Medical Industry, and valid complaints are being raised within the comments and no effort is made to correct the valid complaints by those who read the comments, then the Medical Industry is liable for not fixing problems they were made aware of.

Example, a lawsuit is filed about a Nurse who refused to triage a patient who was declining while in the ER bed. Comments are made online about what happened and those comments are used by Insurance firm Defending the Hospital to try and have the case thrown out.

The plaintiff's attorney would then file a motion to see every comment ever monitored by the Hospital, if comments were found that would have educated the Hospital on how to improve their service, and the advice was not heeded or put into action, then the attorney could bring in these examples to court to prove the Hospital was unwilling to fix problems they were made aware of.

If the Hospital did heed comments made and fixed problems, that also proves the Hospital at one time was in violation. Attorneys have never thought of this. I know this because I have been warned to not write online. Writing online is the righteous thing to do, it raises awareness, allows other victims to connect, and to create discussion with the goal of ending reprehensible behavior. Quashing discussion on the Internet would allow the Medical Community to keep replicating the same mistakes over and over and then argue they were following policy. As long as the commentary on the Internet is truthful, the commentary cuts both ways whereas most if not all law firms haven't considered that it opens up the Monitors to releasing all the comments they have reviewed.

Thursday, November 15, 2018

Saturday, November 10, 2018

30 Types of Patient Safety Violations that Law Enforcement won't Investigate, but should.

I've come up with 30 various forms of Patient Safety & Fairness Issues and If I sleep on it might probably come up with a few more. But as I look at the list, mistakes are going to happen. My concern is the line seems to be blurred when it comes to medical errors. Some on the list are minor errors, some can cause death. But it seems no matter what goes wrong, it seems as if all is denied. Learning to always denies can then accelerate the instances in which blatantly illegal actions occur because the ER personnel know they are above the law, and above law enforcement investigations.

I'm not advocating that we start putting medical people in jail in record numbers. I am advocating that they lower their ethical standards and then hide what they have done. Donald Trump wants a Space Force. I am suggesting we also should have a Medical Police Force who help keep Hospitals running at a certain standard. Heck, they might not even have to carry a gun. If an ER is intentionally denying treatment to a patient in decline, wouldn't you want a big red button in each ER room that you could press and have the Medical Police intercede?

Wrong Diagnosis
Wrong Prescription
Wrong Prescription Combination
Lack of Geriatric Doctors for Medicare Plans
Surgical Mistakes
Dental Mistakes
EMTALA Violation
Refusal to Document Stated Symptoms
Denial of Access to Love One
Guardianship Abuse

Doctor Won't Listen
Doctor was Condescending
Law Enforcement won't Investigate a Medical Crime
False Accusations by ER Staff
False Accusations by Hospital
Destruction of Evidence by Medical Staff
HIPAA Violation Accusation by Med Staff against Patient Rep.
Elder Abuse by Med Staff that isn't Investigated by Police.
Denial of Patient Symptoms by Medical Staff or Doctor
False Imprisonment in an ER, Hospital, or other location.

Medicare Fraud by ER, Hospital, or Healthcare Plan
Denial of Service when patient is not stable.
One size fits all Malpractice Insurance
Malpractice Insurance rarely accepts liability
Lack of Attorneys to take Viable Medical Cases.
Attorneys with Insurance Ties posing as Patient Advocates.
Lack of Journalistic Interest until a legal filing is made.
Lack of Free Legal Aid or Pro Bono for Medical Victims.
Lack of Low Bono Attorneys who work for cost only.
Lack of Low Cost or No Cost Expert Witnesses.

Tuesday, November 6, 2018

Med Mal Insurance Needs to be Partitioned into three different coverages.

Possibly one of the biggest scams perpetrated on American Citizen's wronged by the medical community is Med Mal Insurance. Med Mal Insurance appears to be one size fits all. If a Doctor makes a medical "mistake" and the mistake results in death or suffering, the mistake is treated no differently than if a medical worker breaks a law that results in death or suffering. Nor is a distinction made as to whether a law was intentionally broken, or if it was an honest mistake that led to a patient's death or suffering.

The result is all Medical Transgressors are equally protected. Law breakers and intentional ethics violators are treated equally and protected equally with those who make an actual medical mistake. Many victims of medical errors are unable to get justice of any kind since the Med Mal Insurance industry is so large and probably follows the credo of protecting all within their umbrella, irrespective of the intention of the alleged medical transgressor and irrespective of whether or not they broke any laws.

Hmmm, that last part is somewhat interesting, no? the Med Mal insurance industry that protects all equally, irrespective as to whether or not the accused broke a law, and if they broke the law, intentionally or not. Why hasn't this aspect of Medical Malpractice been challenged in court? Can Med Mal actually legally protect those under their auspices that have broken the law? Would we all not be better served if Med Mal insurance was broken up into at least three Med Mal Insurance prongs; Prong number one, It was either not a mistake, or it was an Honest Mistake, Prong Two, Broke the law but did not realize it, Prong Three, broke the law and the law was so obvious there is no justifiable excuse.

What if an attorney attacked the Med Mal Insurance Industry on the grounds that it was protecting lawlessness specifically because Med Mal Insurance is not partitioned? If Med Mal was partitioned, then negotiations could be done if the issue of lawlessness came up. Right now it appears each State's Medical Board has far reaching power that allows the Medical Board to not consider lawlessness, meanwhile law enforcement has ceded authority to the Medical Board in many States, perhaps all States and ignores medically related law violations until notified by the very entities that may very well be reluctant to turn in their own.

The one size fits all Med Mal Insurance has ground medically related mistakes and lawlessness to a halt in the United States. The shock of being told by law enforcement they won't investigate intentional violations of specific laws by medical personnel, or Paramedics refusing to intake any information from the caregiver who made the call for a person too ill or infirm to make the call themselves, is soul sucking at its worst when the victim dies as a direct result of medically related lawlessness and intentional insincerity.

Monday, November 5, 2018

A Sensible Law that would make a Difference, Lawyers helping In Proper Filers.

A law I'd like to seen enacted, If a person attempts to get legal representation from three different law firms and is rejected, that person shall be granted special In Proper status by which they can legally get assistance from any law firm or a lawyer without assistance being construed as a violation of the law.

As it stands now, Law Firms won't take many winnable cases, some estimates are as high as 90%, because the law firm is constrained by med mal caps that have not been adjusted for inflation for the past several decades.

Victims and the relatives of victims are basically victimized again by a system that won't litigate egregious wrongful actions of others, moreso if the egregious action is perpetrated by those who know better, aka professionals.

Yes, Law Firms will swarm to sue private citizens who make a mistake, but Medical Professionals who make intentional mistakes are given a free pass, over and over and over again. Law Enforcement won't get involved, Law Firms won't get involved, the private citizen has to learn to accept sub standard treatment.