Barry:
First of all, if you are using the forum of "medicalerrors-solutions" when you pitch your first ball, as a common courtesy to the other members of the group, you ought to continue to do so when you reply. I think this is the least you could do, if you are trying to get a shoulder to cry on. Now, let me reply to your rhetoric. It is very obvious that you do NOT get it. Please let me explain. You indicated that:
" . . .but there is also the problem of having to deal with emotional outrage, versus provable violations of law, and with the definitions of what gross negligence is, what incompetence is."
Well, the foregoing spells out that you are out of touch with reality.
Thank you.
Rosario
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From: BARRY1817@...
To: rjzisa@...
Subject: Criminal negligence
Date: Fri, 8 Feb 2002 09:46:33 EST
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Thank you for your response.
In the past I have not shied away from taking on incompetence, fraud and gross negligence and when doing that I have often been met with great indifference and excuses from the powers to be.
The 44-98,000 deaths per year is a terrible statistics and worse yet in a human toll but there is also the problem of having to deal with emotional outrage, versus provable violations of law, and with the definitions of what gross negligence is, what incompetence is.
I do not accept doctors who fail and continue to harm people. It is the responsibility of licensing agencies to license persons who are not a danger to society and they are failing miserably, and on top of failing they make lame excuses for what is happening.
If I can work to put unqualified people out of business I do so, and have done so in the past. I have just learned that as Judge Ito has told the juries in the case I am working on that there are two sides to each story and there is the natural tendency to advocate for the side one favors.
I have also seen overzealous state investigators ignore facts, coerce witnesses to give false testimony and fabricate facts.
Most people that I come in contact with may not have seen both sides.
My track record speaks for itself in removing incompetence but I no longer act until I make an effort to have both sides so that I can be the most effective advocate and not get caught in problems.
Example in the case I am currently working on the state has made it a criminal charge that the dentist did not notify the paramedics that she had given the oral sedation. But the 911 tape has this fact being told. Do we make a person a criminal because the state lied?
Again, I thank you for your letter, and if I were to be contacted by you because of a problem and believed that a doctor had wronged you I would be on board 100%.
I was told that if we as health care providers are to be believed when we have peer review we must also be seen as actively and aggressively weeding out those that harm the profession, and not protect the bad apples.
I have done that and will continue to do that.
I wish you the best.
Barry
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