Monday, May 20, 2019

How Lawyers have eroded Consumer Rights by creating the Ground Hog's Day Defense.

Although I am not a lawyer, I have interacted and our family has been impacted by questionable policies and reactions from the Emergency Response community and even social media sites. These policies have been most likely been created by legal counsel that has created the Ground Hog's Day Defense. 

When Emergency Responders or Social Media sites possibly behave in a Depraved manner or don't protect their own customers or patients from others, the Ground Hog's Day response of, "we will comply with any court order that is implemented" seems to be the new method our Legal Community has come up with to thwart any responsibility that both Emergency Responders and Social Media Sites would have.

Will we ever see a TV show that actually goes after all the bad guys who presently are being portrayed as the Good Guys?

We have met the enemy, and it is YOU, the people who used to help and protect the non elite of society from bullying and gaslighting tactics, now YOU are the Gaslighters.

What society needs are rich, without debt lawyers who want to fight the Emergency Responders and Social Media Site's Ground Hog's day style of debauched justification for unjustifiable actions, also known as gaslighting those they should be protecting.

Sunday, May 12, 2019

Friday, April 12, 2019

How State Governments have Taken Power away from their Citizens.

A Citizen's last resort when faced with a law breaking incident that harmed them, and that has not been enforced is to file a lawsuit. It was 2008 when our last economic crisis hit and many States solved their budget crisis by reducing the operating budget of their courts.

Suddenly a new normal was created that has greatly harmed the everyday citizen. By reducing the number of cases a court can hear on a daily basis, Law firms are reluctant to take on cases that have "marginal" monetary value simply because it could delay their other cases that have a higher monetary potential.

Think about that for a moment. A law firm may actually be contemplating the monetary value of taking a lower valued case  simply because it clogs up the court schedule, delaying the ability to get a verdict in a case with a higher "valuation". 

If a Law firm has a decent shot at winning a 20 million dollar verdict, why would they mess around with a measly 300,000 dollar verdict case if the lower amount case will inevitably take up the court's time and delay a verdict in the case with the potential 20 million dollar verdict?

Underfunding the courts is a permutation of justice for all by incentivizing law firms to reject worthy cases simply because it will delay the completion of their more profitable cases.

We keep fooling ourselves if we believe the present court system will ever start to work for the everyday person without dramatic changes occurring. Somehow, some way, lower valuation court cases have to be separated from higher verdict cases in such a way that a Law Firm does not see the two types of cases as in any way delaying the outcome for their higher valuation cases.

Yes, Courts ask what value a litigant places on a case when they file, but if I understand correctly, it is still the same court that is handling all the cases, except now there are less overall resources available to handle both types of cases.

The concept of a fully functioning Lo Bono division within an accomplished law firm may never happen now.  Lo Bono now also has to contend with the possibility of perhaps losing a case and then being forced to pay the defendant's expenses. It seems to me there should be a pre hearing in which a judge decides if a plaintiff will have to absorb the defendant's court costs if they lose the case.

Until these two issues of complete separation of lower valuation court cases from higher valuation court cases are resolved, and a Plaintiff knowing before the court case begins if they will be responsible for the Defendant's court costs if they lose their case, U.S. Citizens may continue to feel that Court Justice is truly only for the highest profit potential cases.

Free Legal Aid and Low Cost Legal Aid have gravitated towards domestic abuse, eviction situations, and  Immigration cases, including Undocumented. Immigration cases can be addicting, so can Undocumented cases. There are just so many Baby Boomers and Seniors who need help yet Free Legal Aid has been swallowed up by Immigration and Undocumented situations.

Unfortunately, in the process of trying to help the Undocumented, Senior Citizens and Baby Boomers have been thrown under the Bus, and if they complain, they are accused of being racist.

We presently have two political parties that are both intractable in their positions. The Democrat Position is Donald Trump is not their President, didn't win the 2016 Election because of the popular vote, and is Racist, and so is the Border Wall. We have Trump Supporters who probably know that Donald Trump is probably too much of a narcissist, but, they support the Border Wall and are disgusted that Democrats have refused to acknowledge they voted for a Border Wall and instead have chosen to call Border Wall Supporters Racist and refuse to give Trump credit for knowing what a lot of Americans want.

The biggest losers are the Baby Boomers and Seniors, who have been cast adrift by both Parties.


Saturday, March 16, 2019

College Bribery Confirm's FBI and Federal Government Pitting Celebrities against all others.

According to News Reports, the FBI conducted a 10 year College Bribery Investigation. When it became painfully obvious early on to the FBI that the Very Rich were willing to pay to get their kids into certain prestigious Colleges, The FBI road the coat tails of a 10 year investigation rather than offer some type of guidance to colleges going forward.

Why wasn't the desire of Wealthy Parents trying to get their kids into a certain college fulfilled in the most common sense and easily legal method available, and a method that would have not run up a 10 year FBI tab at Taxpayer's expense?

The Media has created a "woe is me" meme among non celebrities while we all conveniently forget that each college already had wealthy benefactors whose donations make scholarships and other discounts available to those who cannot afford the full tuition price but may have good enough grades to be accepted.

Did anyone offer Lori Loughlin a "Pay to Play" opportunity in which she could pay 1/2 million dollars directly to USC so her daughter could also then attend while paying an additional full tuition price?

The real question that nobody seems willing to ponder, how many Students would a Wealthy person need to anonymously sponsor so their own Daughter or Son can be enrolled at the same College or University?

If Lori Loughlin had donated 500,000 or 1 million dollars to USC for the privilege of allowing her own daughter to get in at full tuition price, why not allow her that option? 

Perhaps the tables might be turned and we might have colleges purposely not accepting applicants from wealthy families in the hopes they pay to play? Now THAT would be a real scandal and the kind the FBI should be investigating.

What if a wealthy parent is willing to pay the tuition for a certain number of other kids just so their own kid can get into the same College or University?
Maybe USC could pay forward a wealthy donation and use, as an example, a Loughlin donation to help fund 20 students at a fine Midwestern school. Would that be so terrible?

It's ironic that we are creating a world where countries can trade their pollution credits, but we won't allow colleges to help each other out by allowing one student in if it means 10 or 20 others can get a scholarship.

There is a distinction with a differnt to the entire College Bribery Scandal that continues to go undetected. Let's separate the Parents who WANTED to "pay to play" with the College or University if it were allowed, from those who truly wanted to sneak a Daughter or Son in by any illegal means possible at below tuition price, since that causes donations made by College Benefactors to be used by the undeserving.

The distinction between the Wealthy Parent who wanted to pay to play, versus those who wanted to sneak their child in through bribery has not been the topic of discussion, and that is the real scandal.

Until Pay to Play, or Pay to Enroll becomes an option, we as a society are basically putting fuel on the 1.5 trillion dollar Student Debt Problem.

Monday, January 28, 2019

Calif. Medical Assn. President Shares Medical Horror Story. Incredibly, he Practices at the ER that Repeatedly Violated My Mother's EMTALA rights resulting in her Death. Wow.

Calif. Medical Assn. President Shares Medical Horror Story.

Facebook post describes poor emergency care he received.


This is a unauthorized lead in to the Article. This is my Mother in her ER Room and Bed, being repeatedly denied treatment for her sudden onset of Wheezing, which occurred while she was in the same ER that apparently the head of the California Medical Board Practices within. I was terrorized by an ER Nurse who absolutely refused over 20 or 30 or 40 or 50 pleadings of mine to just check my Mother's Chest Wheezing, which started while she was in her ER bed. Refusal after Refusal by the ER Nurse to simply recheck My Mother's Oxygen level and her blood pressure after the monitoring equipment started flashing red and sounding an alarm. The ER Nurse actualy disconnected the equipment and refused to remonitor my Mothers levels. The ER Nurse called a Code Gray on me because I documented the non treatment of My Mother with my Camera. Our room was flooded with ER Nurses and a Security Guard. My Camera was taken from me and the Video erased, and yet, through the entire gut wrenching experience, not one Nurse walked up to my Mother to check on her breathing. I was imprisoned in the ER room until my video was erased, and I was psychologically terrorized by 3 Nurses and the Security Guard who blamed me for being selfish because they could not get back to their own patients even though all I was asking for was a check of my Mother's Chest wheezing and her broken words when she spoke, something she never normally has. Mom died at home 2 and 1/2 days later. I could not get anyone to help me get her directly into another ER without waiting in the waiting room during last year's Flu epidemic. Does anyone see the irony of a the President of the California Medical Association calling out another ER for poor treatment when the ER he works in did equal or possibly worse due to the repetitive willingness to violate EMTALA at all costs.


Now read the article and how outraged the President of the California Medical Association was over the poor treatment he received in another ER, possibly from another State. Meanwhile the ER he WORKS in, played the role of grim reaper in the Death of my own Mother in March of 2018. Wow. Story begins below.

The new president of the California Medical Association was expecting to spend New Year's at a wedding in Las Vegas.


Instead, David Aizuss, MD, posted on Facebook about his "eye opening" first-hand view of "American medicine at its worst." (The post is visible only to his Facebook friends and he declined MedPage Today's request to elaborate, citing ongoing "medical issues.")

In his post, Aizuss said he was rushed by ambulance to a hospital Monday morning. "I spent hours in the emergency room where I received inadequate treatment of mind boggling pain, was never touched or examined by a physician, was mixed up with another patient and almost inadvertently transferred to another hospital, (and) was scheduled for emergency surgery based on a third patient's lab work that was confused with mine," he wrote.

He "finally signed out of the hospital against medical advice so I could obtain care from physicians that I know and trust." He did not name the hospital.

Aizuss, an ophthalmologist who practices in Calabasas, northwest of Los Angeles, posted his complaint New Year's Eve, apparently while at the LAX International airport in Los Angeles, where he said he was "just returning from Las Vegas where we were supposed to attend a wedding."

Dozens of Facebook friends, several apparently also physicians, expressed their shock that the CMA president could receive such poor emergency room response, and some said they were happy he was speaking out about poor quality of hospital care.

"If you get terrible care like this (at least you know the difference) think about the care that Joe Sixpack gets; he doesn't have the resources to get better care. This system is broken and we need to fix it," posted one.

Wrote another, "As president of the CMA, your voice can be loud! Don't be timid and do not be afraid of making enemies. Remember our patients know and respect us when we stand against poor medicine."

Aizuss ended the post by saying, "Truly an eye-opening experience for the President of the California Medical Association. Happy New Year to all!"

He began his one-year term as CMA president in mid-October, saying he wanted to focus on physician burnout, practice sustainability, and payment. He is also past chairman of the CMA Board of Trustees.

He is a medical staff member at Tarzana Hospital and West Hills Hospital, in Los Angeles County, and serves as an assistant clinical professor of ophthalmology at the UCLA Geffen School of Medicine.

The CMA represents about 43,000 physicians in the state and is the second largest organized medicine group of any state, next to the Texas Medical Association, which represents about 52,000 physicians.

Sunday, January 6, 2019

Law Firms need to identify if they are P for Plaintiff, or D for Defendant on their online Websites.

Victims of Medical Injustices, such as Mistreatment of Patients that resulting from not listening to the Patient, or creating multiple, overlapping procedures for billing purposes, or simply ignoring a patients urgent need for assistance; should all be able to at the very least look up an Attorney online and ask for guidance.
The problem is the most visible attorneys are the ones who have Insurance companies for clients, and they don't necessarily identify themselves as being for the defendant. We will never know how many times a Medical Patient searching for a Plantiff Attorney mistakenly ended up contacting a Law Firm that actually works for the Medical Industry as a Defense Attorney.

Would it be such a terrible thing if ALL law firms identified themselves as either being P, a a Law Firm that represents Plaintiffs, or D, an Attorney that handles Defendants? If a law firm does both, then let them put both down and perhaps even reveal what percentage of the time they are a P, and what percentage of the time they are a D.

While we are at it, would it be so terrible if a Law Firm revealed if they work with Consumers, or with Businesses?

There might be some confusion, for instance, a Doctor who sues someone for slander might require that a law firm that normally does Defendant work now will be doing Plaintiff's work. But this is not a deal breaker either. The foundational values of a law firm are either Plantiff or Defendant, and either Big business or Consumer. Those values need to be CLEARLY outlined so the unsuspecting don't mistakenly get advice from the wolf in sheep's clothing.

A P, or D, label for ALL law firms is an idea that is so long overdue and I doubt anyone is advocating that such a simplistic idea be implemented. Just one more way our allegedly finest fool our populace.


Monday, December 17, 2018

The 10 Ways ER Lawlessness led to the Death of the Sweetest Person on the Planet, my Mother.

HIPAA Fraud by one ER Nurse on March 10, 2018 in an E.R. in the San Fernando Valley of Los Angeles County directly led to the Death of My Amazing 91 year old Mother 2 1/2 days later.

1. HIPPA FRAUD, Son asked Mother's ER Nurse to send Nurse Supervisor after ER Nurse Refused to check on his Mother's sudden onset of Wheezing. Instead the ER Nurse sent another Nurse in who immediately stated, "You are refusing to leave and you are keeping us from seeing other patients". This was a highly inflammatory comment to make towards us since my mother started Wheezing while in her ER bed and was not being checked for her worsening condition. The Nurse who tried to get us to leave seemed very nervous when she had walked into the room. It was as if my Mother's Nurse had ordered this other Nurse to try and get us to leave after I had specifically asked to speak with the Nurse Supervisor. Was this a conniving way to avoid getting the head nurse involved? Was this my Mother's ER Nurse's petulant way of winning and getting us to leave the ER without ever documenting my Mother's wheezing, which symptomatically was most likely the onset of pneumonia? 

How can an ER Nurse legally refuse to check my mother's sudden onset of wheezing? I pulled out my camera to document my mother's wheezing and the ER's refusal to evaluate my Mother's suddenly worsening condition. The Nurse immediately put her hand up to her face and with no discussion or giving me time to stop filming began loudly and repeatedly yelling "HIPAA Violation, you do not have permission to film me", as she rushed out of the ER Room and into the hallway where my Mother's Nurse was on a computer. My Mother's Nurse immediately called a Code Gray via intercom. I went into shock. I did not know what a Code Gray was, but I knew it could not be good and must be some type of violation.
2. EMTALA Violation, Refusal to treat sudden declining condition while my mother was on her ER Bed.

3. Elder Abuse, Refusal to treat Aged and Disabled Parent's declining condition while in her ER Bed which directly led to my Mother's death 2 and 1/2 days later.

4. False Code Gray used to Falsely Imprison son in the ER room by claiming son was a "Combatant".

5.  False Imprisonment. Son was detained in Mother's ER room. Doorway was blockaded by five or six nurses and Security Guard. Nurses had their arms folded as they blockaded ER room doorway. The Nurses refused to check on the welfare of my Mother, even though the pathway to her bed was completely unblocked as I was seated in an opposite corner of the room, pleading and begging for them to just check her wheezing.

6. Assault. My pocket video camera was forcibly removed from my hands by the Security Guard.

7. Destruction of Evidence. Son's Camera containing Video Evidence of ER's refusal to treat Aged and Disabled Senior was Forcibly removed from his hands and erased by Guard. Son repeatedly asked for a Nurse to check his Mother's Wheezing, all Nurses defiantly kept arms folded. All the group wanted was to erase the video, which the Security Guard did by force, and then force us to leave.

8. Incitement to Imminent Lawlessness. ER Nurse used FALSE HIPAA accusation to call a False Code Gray, leading to lawless acts by other Nurses and Security Guard as they mobilized against a "Combatant" threat in the ER when there was no threat. The Group as a whole detained me, refused to check on my Mother, and repeatedly chided me for keeping them from their own patients.

9. Psychological Abuse. I was repeatedly scolded by multiple nurses who had blockaded my Mother's ER room after the Fraudulent Code Gray had been called for refusing to leave the ER room with my mother so other patients could be seen, even though my mother was in distress. I was also reprimanded and told I was selfish for keeping the Nurses Away from their own Patients.

10. Elder Abuse by Security Guard when Guard aggressively pulled on My Mother's ankle because she was too exhausted to get out of the Wheelchair, and again when she could not get into the car.

If you believe in Rule of Law in the ER, I would like to see justice prevail for my Elderly Mother, whom I adored and respected for the honorable life she led. I also personally need to see justice prevail. I was treated as if I did not exist. My experience as my Mother's 8 year Caregiver was disregarded and ignored. I probably have some form of PTSD from reliving on a daily basis the ER's lawless actions, never understanding how my Mother could be treated like Garbage and her Caregiver Son be disregarded by ER personnel who were supposed to be there to save my Mother, not hasten her demise.

I called Law Enforcement that same night to Report the ER for what they did to my Mother. The Police Officer who answered the phone was condescending, saying it was a civil matter between the Hospital and us. Nobody would call an ambulance for us from that point on.

I've lost my mother, our home of 40 years may be next..

I just want to point out that My Mother and I were Gaslighted in the ER and when Gaslighting is administered, it can have severe psychological affects. The affects can be tolerated if one escapes and finds another place to fix the damage that was done. But when another place is not found, the damage is undescribeable.

-Alessandro Machi

Tuesday, December 11, 2018

California Medical Board allows Doctor to keep Practicing despite NUMEROUS Complaints.

And this is why it is wrong to have the California Medical Board govern its own members.  Here is the Original Story Link.  20 Patients complained about the same doctor, yet that same doctor was allowed to continue to Practice. Wow.

Friday, December 7, 2018

How Congressionally Approved Unfunded Mandates are Wreaking Terror and Death on Hospital Patients.

The topic of Unfunded Congressional Mandates would make for a compelling Documentary. I am beginning to believe that it is Unfunded Congressional Mandates that mislead society into believing they are protected against violations of several medically based laws.

The reality is, Law Enforcement in general won't investigate violations of various laws such as EMTALA, Incitement to Imminent Lawlessness, False application of HIPAA rules, Elder Abuse, Falsified Code Gray Alarm, False Imprisonment, Assault, and Destruction of Evidence if the perpetrators work in an ER or Hospital.

The Damage being done by lack of enforcement of the Medically related Unfunded Mandates mentioned above are far reaching. By not funding / enforcing basic common decency and protection of Hospital patients from illegal acts by a Rogue Nurse or Doctor, especially against the elderly, Accusations are dropped if they are made by non-minorities, and if the accusations are made by minorities, they are recategorized as being racial in nature.

The re categorization of the Violation of Medical Laws into racial charges divides the country. How is a "non-minority" supposed to feel when a minority is charging racism for a medical violation of the law when the non-minority had the same thing happen to their own family member or loved one?

If the identical abuse of Medical Laws happen to both a minority and a non-minority, but the minority files a claim of racism in court, what is the non minority supposed to file? If the non-minority files a claim of racism in court, I am pretty sure if anyone on the jury is a minority, they will not necessarily be sympathetic to the alleged racism accusation of the family or the victim of a non minority. But the non-minority's only other option will be to sue and pay a private attorney a lot money. 

Minorities may mistakenly be thinking that the non-minority will have law enforcement watching their back, and that is just not true.

Whether planned or not, the lack of funding for Congressional Mandates regarding the safety and proper treatment of all citizens in the Hospital and ER has helped create an ongoing air of divisiveness between all ethnic groups. What is a non-minority supposed to think and feel if they are on a jury for a case about racism when the EXACT same thing happened to someone in their own family and the non-minority has been led to believe that they can't file racism charges but a minority can?

Since Congress has not funded enforcement of health related mandates, the non-minority's only recourse is to pay for a lawyer, assuming they have the funds. A non minority cannot make a claim of racism even if they are the victim of the exact same mistreatment as a minority.

The result is minorities and non-minorities have been pitted against each other while Congress makes themselves look good by publicly clamoring that they expect several Health related laws and rules to be enforced, even though no funds have been allocated to law enforcement to enforce these necessary laws.

My dear, sweet, 91 year old mother was basically killed after ONE ER Nurse broke as many as 9 Laws by not treating my mother when her condition worsened while she was on the ER Bed. It's a nightmare I will never forget. I am pretty sure I have PTSD because of how my mother was mistreated. Finding out that Law Enforcement won't investigate was another crushing blow. 

In the future, whenever I hear about racism being the reason one person dies in the ER and another one does not, I will think about my mother and realize that racism accusations are preventing people of all races to unite and complain to the government about the government's role in making themselves look good by creating laws and guidelines that they do not provide funding for.


If there is a law student or lawyer or law school professor who really wants to make a difference, lets sue the Federal Government for not funding Health related mandates that have fooled the public into believing they are being protected, when they are not.

This was my Mother, just before she started wheezing in her ER Bed. The ER Nurse ended up breaking NINE LAWS just so she could avoid adding anything to my mother's medical report so there would be no proof of her wheezing. When I pulled out my camera to document the ER's refusal to triage my mother's wheezing, a HIPAA violation was called on me, a Code Gray was then called on me, which means Combatant in the ER, and our room was swarmed by six nurses and a Security Guard. 

We were imprisoned in that room until my Video Camera was forcibly removed from my grip and the Video was erased, aka destruction of evidence and assault. We were then forced to leave the ER and into the rain under Security Guard accompaniment. 

The shock of seeing all those nurses treat me like a combatant, their arms crossed, refusing to check my mother out, haunted me and paralyzed me. Their taunts of us preventing them from seeing their patients also haunts me. Other things happened that were equally disgusting by other members of the Medical community, and my mother died less than 3 days later at home without ever being properly treated for her wheezing. The one ER Nurse was able to use Incitement of Imminent Lawless by others to get her way, which directly led to the death of my Mohter.

Sunday, November 25, 2018

Congressional Bill to Ban Confiscating Drivers Licenses of Student Loan Defaulters Mired in Congress.

Not sure it helps anybody to deny a basic method of travel, the car, for those who have defaulted on Student Loans. It seems like a violation of the Constitution to restrict a person from earning a wage just because they have defaulted on Student Loan Debt.

Let's hope Congress can pass a bill that would stop the confiscation of Driver's Licenses based on a Student Loan Default. Apparently 20 to 22 States can confiscate either a professional license, a Driver's license, or both, if a Student Loan goes into Default. That just seems to defy the Constitution.

Marco Rubio and Elizabeth Warren have co-authored the Bill. Considering President Trump has himself benefited from hundreds of millions of dollars of debt forgiveness, hopefully President Trump will support this measure as well.

Friday, November 23, 2018

Congress needs to Fund a Medical Police Officer for every major Hospital in the U.S.

No patient or person who accompanies a patient to the ER should ever feel like they are being threatened by ER personnel. No patient or person who accompanies a patient to the ER should ever feel like they have nobody to turn to when they feel the law is being broken by actual ER personnel.

My Mother and I were put through a torturous situation in the ER that directly led to my Mother's death. I have been able to deduce that between 7 to 9 laws were broken by ER personnel, along with gross misconduct by others. If just one person out of the over a dozen personnel I interacted with over the final 3 days of my mother's life had taken my mother's best interest to heart, my mother would most likely be alive today.

If I just could have pushed a red button in my mother's ER room when the abuse from ER personnel started, oh wait, the abuse most likely would not have even occurred. And that is my point. People should have an unbiased advocate with medical training, aka Medical Police, available in the ER to prevent illegal actions by ER personnel from occurring. 
  
Because of my mother's age, she was 91, no lawyer is even remotely interested in the 9 violations of law that directly caused my mother's death. Lawyers actually hate when too many things conspire to kill a person because it means everyone can pass the buck to someone else. Make the person 91 years old and its game over, no justice for my Mother and her son.

I called law enforcement after my mother was denied treatment and they literally said it was a civil matter between us and the hospital. How can being denied life saving treatment, and refusing to recheck my mother's vitals, be considered a civil matter when the ER is where a person is supposed to go?

After that harrowing encounter in the ER, followed by a pointless stop at a pharmacy to pick up a medicine that could not be given because it was in conflict with another medication, followed by a trip to the Urgent Care and reluctance to call for an ambulance even though my Mother could no longer walk she was so exhausted from having walking Pneumonia, followed by a trip to a second pharmacy for Amoxicillin, followed by taking Mom home, I called the first responders and left a panicked message. It was now around Midnight on a Saturday night and I got an answering machine. The Answering machine gave no warning that the record time was running  out. So I left a second message and once again the machine cut off all at once. I left my phone number on the third message. I was in distress, it was obvious from my messages. I thought the first responders would call back on Sunday or Monday, they never called back.

I know the first responders heard my messages because when my mother went code blue at home 2 days later, these same first responders showed up and the first thing the guy with the curly hair said was..... SHUT UP!  I was not allowed to say one word. I later deduced that this guy must have heard the recorded messages I had left, when my mother was still alive, and took "offense" to my not understanding why my mother's pneumonia symptoms were not mentioned to the ER when they brought her in. The man with the curly hair must have literally dropped her off in the ER and said nothing about the Walking Pneumonia I was certain my mother had. Apparenty I had "offended" the curly haired man, the ambulance driver with my long, distressed messages left over the weekend after the nightmare in the ER had occurred, I can only guess it might have been for asking why they didn't relay my information about my mother's pneumonia to the ER. I just wanted them to call me back so I would know what to do next, when they didn't I became fearful. I had already had a false HIPAA and false Code Gray called on me in the ER. Now both the POLICE and the Emergency Responders had basically blown me off. 

As my mother lay dead, in our home, the first responders tried to revive her. This same curly haired man STOPPED THE AMBULANCE on the way to the hospital, with my Mother having CPR being performed in the back of the ambulance, got out in slow motion in the middle of the street, and told me not to follow. I have never followed an ambulance before in my life. I had told them I would follow before we left, nobody objected, they were only going about 20 miles an hour, I was a safe two seconds behind them, there was no danger to anyone at that slow speed, plus they said it was ok to follow them.

The curly haired man was so deranged he must have mistook my turning on my lights as a sign I wanted them to go faster. I just turned on the lights so that I could be more visible, to be safer. The Curly haired man must have seen me turn on the lights because within a second or two the ambulance came to a stop in the middle of the street. I had been behind for the past 3 minutes, why stop now just 1/2 mile from the Hospital? It was because I turned my lights on. The curly haired man must have thought I was telling him to go faster and he was having nothing of it, so he stopped the ambulance with my dead Mother in it while a team tried to revive her, so he could saunter in slow motion getting out of his car to scold me for following. 

Imagine having an ER Nurse call a false HIPAA violation on me, then another Nurse call  a code Gray on me, for what, for pulling out my camera to document their refusal to triage my mother's wheezing, which started while she was on her ER bed. Then that night the police I called on the phone tell me it's a civil matter and to leave the police out of it, then the emergency responders do not even respond to my phone messages. What was I supposed to think. Where was I supposed to turn to? Yes, I spoke with my Mother's doctor the day before she died, and that was probably what sealed my mother's fate. 

All of this insanity could have been prevented if I just could have pressed a red button on the wall of the ER room and had an ethical person with a medical background, A Medical Police Person, review what was going on. 

I cried while writing this, I had a PTSD moment as I re lived how one nurse could Incite five other nurses to imminent lawlessness by making a false Code Gray charge when all I did was pull out a camera to document that they were not going to acknowledge or triage my mother's wheezing in the ER.

My Mother would be alive today if we had one Medical Police person in each major hospital, and a red button on the wall that I could have pushed when our room became blockaded by a cadre of Nurses and one Security Guard who had no interest in checking on my mother's wheezing, just forcibly removing the camera from my hands and then erasing the video I had shot of my mother's wheezing, and then forcibly removing us from 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 that are worthy of help.

Maybe it is too foreboding 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 by the medical industry violators, which just emboldens the medical industry violators who in many instances believe they 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 experienced 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 be aware that 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 is Pro Bono even talked about when so little of it is available. Perhaps Pro Bono is a clever method to distract the public from a much more realistic concept, 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, Sensiblelaw.blogspot.com or anywhere on the Internet by Alessandro Machi may have value to Med Mal Attorneys who represent the Victims of Med Mal. Any use of my information by a Med Mal Attorney provided in this article or any other article I, Alessandro MachI have written 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. 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. I believe I once helped a law firm get a 1.9 million dollar settlement and I wasn't even credited, which has limited my influence and reputation going forward.

If social media medical comments are being monitored by the Medical Industry and valid complaints are being raised within those comments and no effort is made to correct the valid complaints by those who read the comments, then the Medical Industry could be 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 ER 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 Defending Party and their law firm representatives. If comments and complaints 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 plaintiff's attorney could bring these examples to court to prove the Hospital was unwilling to fix problems they were made aware of.

If the Hospital did heed social media comments and complaints and made improvements, that also proves the Hospital previously had laxer standards. I believe Attorneys have never thought of this because to this day Attorneys warn their clients to not say anything in public. Writing TRUTHFUL comments online can be the righteous thing to do because it raises awareness, allows  victims to connect with each other, and creates discussion with the goal of ending reprehensible behavior, and provides much needed education and feedback to the Medical Industry.

Quashing TRUTHFUL 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, the Medical Industry that monitors online comments and does nothing about it is liable as well.

I believe that most if not all law firms haven't considered attempting to quash a defendant's h truthful comments or complaints opens up those who Monitor the Internet for comments and complaints to release all the comments they have reviewed, and further opens up the Defendant to discuss if they have ever used social media comments to improve their services. No matter how the Defendant answers, it can be seen as a negative. Whereas the way it stands now is, all comments by the victim or the victims family is seen as a negative, this needs to be flipped.


Thursday, November 15, 2018

Saturday, November 10, 2018

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

I've come up with 30 various forms of Patient Safety and Fairness Issues and If I sleep on it I might 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 mistakes on the list are relatively minor errors, some can cause death. But it seems no matter what goes wrong, it's as the medical mistake will be denied. Learning to always deny can then accelerate the instances in which blatantly illegal actions occur increase 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 when they lower their ethical standards and then hide what they have done, they need to be investigated. 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, A Medical Police Force 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 a patient or their rep could press and have the Medical Police intercede? Examples of Medical Mistakes that won't necessarily raise an alarm or a red flag.

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.

Saturday, November 3, 2018

The Elderly are in Danger and very few in the Legal Field seem to care.

There are legal arguments to be made on behalf of the elderly that can circumvent the age equals monetary value cap that most attorneys seem to ascribe to. EMTALA violations are not covered by Med Mal Caps yet most attorneys seem unaware of this. EMTALA violations are also considered elder abuse and most attorneys seem unaware of this as well.

I am hoping it is rare, but a savvy ER nurse can game the system against the elderly by claiming HIPAA violations as a reason to call a Code Gray. Code Gray's are the secret sauce that allow ERs to control situations to the point of lawlessness.

Incitement of Imminent Lawless action by one ER Nurse can cause the demise of seniors. I know, I witnessed it first hand.

Friday, November 4, 2011

Why is unsecured debt so easily converted to secured debt in a court of law?

Why do American courts allow an unsecured debt to be converted to a secured debt? This seems pathologically wrong. This also seems to make the credit card luring process riskless (other than credit card fraud). 

So why are credit card companies charging higher interest rates if they can convert an unsecured credit card debt to a secured debt?

If the debtor agrees to pay the debt once they start working and they put their intent in writing, why does the court feel compelled to step in and convert the unsecured debt to a secured debt and in the process put the debtor on the path to financial suicide?

When constructing an agreement with a debt collector, the debt collector won't even give 30 days for the agreement, they only give until the end of the month, so sometimes the short turnaround time is used to claim that the debtor reneged on terms. This is just appalling.

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