Say No to HB 4354!
A bipartisan judiciary committee is set to have a discussion on House Bill 4354 tomorrow. These committees are set up so that House and Senate members can hear the pros and cons of a bill prior to it going to the floor for voting and then becoming legislation. There are plenty of cons to HB 4354, as it would provide immunity from lawsuits (pdf) from ER doctors even in cases of negligence or misconduct. Naturally, this leaves patients with no recourse to address injuries from medical malpractice (pdf) and leaves doctors free to practice bad medicine without any consequences. Simply put, there would be nothing for a patient to do when faced with an obstetrical procedure, surgery, cardiac catheterization or other major medical procedure gone wrong at the hands of an ER doctor.
Medical Malpractice Claims Down in Michigan
Despite what some politicians would like you to believe, medical malpractice lawsuits are not at an all time high across the country. In fact, recent figures show that filings are down 80% in the last 30 years. These same politicians will tell you that this is an across-the-board “good thing”, as it cuts healthcare costs. Well, that’s not exactly true either, as a 2010 Harvard study found that healthcare costs related to medical malpractice lawsuits make up about 2.4% of the total healthcare costs of Americans. Similarly, a study by the Center for Progressive Reform found that payments made to injured patients and the costs of medical malpractice insurance for doctors amount to less than .3% of total healthcare costs per year. What is clear about bills like HB 4354 is that it will cost Michiganders without any security when faced with medical malpractice-related injuries or deaths.
Call Your Representative Today and Come to the Hearing
Needless to say, I strongly oppose this bill and I encourage you to contact your representative and oppose this bill today…not later, but NOW! You can also come to the judiciary committee hearing at 9 am tomorrow, October 24, at 124 North Capitol Avenue in the House Office Building. It could mean the difference between the ability to address medical malpractice or having to sit with irreparable injuries or even death from the ER with no recourse. Michiganders who visit the ER, a time of great vulnerability, fear, and often pain, should expect proper treatment from their ER doctors. If ER doctors cannot provide this type of care, Michiganders deserve to have avenues to address their poor treatment. Once you’ve contacted your representative, you could also contact the individual members of the judiciary committee:
Kevin Cotter (R) Chair
(517) 373-1789
Klint Kesto (R) Majority Vice-Chair
(517) 373-1799
Kurt Heise (R)
(517) 373-3816
Bradford Jacobsen (R)
(517) 373-1798
Joel Johnson (R)
(517) 373-8962
Andrea LaFontaine (R)
(517) 373-8931
Tom Leonard (R)
(517) 373-1778
Phil Cavanagh (D)
(517) 373-0857
Ellen Lipton (D)
(517) 373-0478
Jeff Irwin (D)
(517) 373-2577
Paul Clemente (D)
(517) 373-0140
Please do this today and I hope to see you there!
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.
4 Comments
jc
I support HB 4354. I would like to see the USA get rid of the corrupt medical legal med mal system we currently have and go to specialized medical courts so we can keep guys like Dave Mittleman out of themselves discussions.
david mittleman
i stand up for patient safety JC, i know U would like to have the fox guard the hen-house and hide all the medical errors that cause harm and death....immunity breeds neligence! U need to be held ACCOUNTABLE doctor JC even if U don't like it....
jc
I stand for patient safety, David. Seems to me that medical courts could adjudicate these issues more quickly, fairly and compassionately then the current corrupt medical legal "justice" system. We use similar systems, like medical courts, in worker's comp cases, securities cases, etc. Let's face it, plaintiff attorneys charge a 40% contingency fee (court costs, deposition,and expert witness fees are on top of the legal fee), take years to litigate the case and then lose 85% of the time at trial! I say we get rid of the incompetent plaintiff attorneys and judges and quickly and fairly adjudicate these cases with medical courts!
jc
Here is a classic example of why we need medical courts. A man with lung cancer went to a radiation oncologist for radiation therapy. Unfortunately a mistake was made, and for a week, the wrong lung was treated. So the radiation oncologist got sued. Unfortunately, the bozo plaintiff attorney sued the wrong radiation oncologist, and by the time bozo realized his mistake, the Statute of Limitations had run out, So bozo appealed the case and tries to get the Court of Appeals in Cincinnatti to allow him to sue outside the SOL. The case still sits in the Cincinnatti Court of Appeals 5 years after bozo filed the appeal. Bozo doesn't want the case to be decided before his client dies because of his own gross legal malpractice! So the case sits there. This is the system David Mittleman wants for all of us. Medical courts could have made a decision in 6 months, without Bozo!
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