Showing posts with label EMTALA. Show all posts
Showing posts with label EMTALA. Show all posts

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.

Saturday, November 10, 2018

30 Types of Patient Safety Violations that Law Enforcement or the Media 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.

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.

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