Articles Posted in Law

Published on:

Discretion: The only thing the following three articles have in common is that I read all of them on the same day.  The first two you will probably find sickening and the third should hopefully make you feel better.

Article 1: Lawyer for Newtown Shooting Survivor Seeks to File $100 Million Lawsuit, Published By Mary Ellen Godin, Reuters

Irv Pinsky, a New Haven-based attorney, has filed a claim with the Connecticut Claims Commission requesting permissionto file a lawsuit on behalf of an unidentified client, referred to as Jill Doe. (It appears that Connecticut, along with California and probably every other state, requires that a claim be filed to request permission to file a lawsuit against the government).

Published on:

Written by: Patricia I. James**

Okay, instead of relying on Dave, Shelly and Chainsaw for information regarding the healthcare debate, I decided to turn to the Los Angeles Times to broaden my education which, happily, ran two articles on the subject. They both ran under the banner, “Both sides face challenge.”

Obamacare:

Published on:

Written by:  Patricia I. James**

It is no secret that the State of California, as well as the rest of the United States, and probably the rest of the world, are undergoing a financial crisis.  Post #16 addressed the problems of receiving healthcare.  This post addresses the problems of your access to justice.

According to a news release from the San Diego Superior Court dated June 20, 2012, it faced cuts of as much as $14 million for the 2012-2013 fiscal year and could rise to $40 million for the 2013-2014 fiscal year.   However, a news release dated September 20, 2012 indicates that the cut is actually $33 million for 2012-2013.

Published on:

Written by: Patricia I. James**

Post #15 concerned a doctor who was engaging in balance billing, basically trying to get paid the entire amount of her bill rather than just accepting what the insurance company paid. One of the comments I received was a vote for socialized medicine. I responded to her comment and suggested she read an article in Forbes that dealt with that issue. I subsequently read back issues of the Los Angeles Times (Saturday is my day to read the week’s editions), and came across an article by Chad Terhune which addressed the fact that Anthem/Blue Cross was going to cut Cedars-Sinai (Cedars”) and UCLA from its health plan.

Now, these two issues are not at opposite ends of the spectrum. If I drew a circle (imagine a clock), I would arbitrarily put socialized medicine at 2:00 and insurance coverage at, say, 7:00. (My circle, my rules). However, they both address what type of care a patient may be able to receive.

Published on:

Written by : Patricia I. James **

Summary: You have medical insurance. You go to the emergency room because you need immediate medical care. It is your understanding that the doctor will accept whatever your insurance pays. Well, in somewhere between ten and fifty cases, Dr. Jeannette Martello did not and instead went after the patients for the full amount.

The source of today’s Post is an article entitled “State Suing Doctor Over Billing Tactics” published by Anna Gorman, Los Angeles Times. It states that Jeannette Martello is a plastic surgeon who worked under contract to provide on-call emergency services at Huntington Memorial Hospital’s (“HMH”) emergency room.

Published on:

Written by:  Patricia I. James**

Summary: The MICRA cap referred to in Post #7 is again being challenged in a case filed in the California Court of Appeal. However, I don’t think it has the power to determine its constitutionality. That falls in the realm of the California Supreme Court.

Post #7, entitled “Here’s Why the California Cap on Non-economic Damages is Archaic,” set forth the caps in all of the states. This issue is being revisited due to the filing of an appeal by the family of a man who died after surgery in 2008. The appeal challenges the constitutionality of MICRA, the Medical Injury Compensation Reform Act, enacted in 1975.

Published on:

It is not “do unto others before they do it to you” but rather “do unto others as you would have them do unto you.” In other words, treat people as you would like to be treated.

I attended an ex parte hearing last Thursday at which time I was given the San Diego County Bar Association’s (SDCBA) Attorney Code of Conduct and the United States Constitution. Now, I do not believe I was singled out since (1) I do not think that I have a reputation as a reprobate; and (2) opposing counsel was also given one. (I don’t think she falls into the reprobate category either).

I called the SDBCA to inquire whether all of the judges were handing out these booklets. I was informed that the SDCBA handed these out to their members. (I’ve never received one until now). Somehow, some of the booklets got into the hands of a judge and she was sharing the information (and, I’m thinking, with good reason).

Published on:

Please, do not buy a pet. Adopt a pet.

Written by: Patricia I. James**

My eighth Post concerned taking care of your health and my next one was about my colonoscopy. My last Post was about veterinary malpractice and now this Post is about, among other things, a puppy lemon law. Time will tell if these follow-ups are going to be a trend.

Published on:

Take charge of your health care!

Written by Patricia I. James**

Today I present to you Walker v. Sonora Regional Medical Center. 202 Cal.App.4th 948 (2012). The basic issue was whether a hospital is liable due to its failure to notify a woman that she was a carrier of cystic fibrosis.