Wednesday, March 30, 2011

Connick Decision: Insurmountable Obstacle to Prosecutor Liability

"Held: A district attorney’s office may not be held liable under §1983 for failure to train its prosecutors based on a single Brady violation. "

If tort liability is a substitute for violence, the obverse is true in formal logic. Immunity justifies violence.

Immunity is a form of unauthorized stealthy industrial policy because it grows the entire enterprise, and liability deters the entire enterprise, not just a defendant.

The sole justification for sovereign immunity in the common law is that the Sovereign speaks with the Voice of God. That is a psychotic delusion and not a valid reason to allow immunity of any government entity.

Because the sole tool of the court is punishment, it qualifies for strict liability. Professional standards of due care is sufficient, however.

Finally, the court will say it has no time for lawsuits. The welder's time is far more valuable than that of the coffee swilling, lazy, do nothing government workers on the Supreme Court.

Immunity may also be a factor in the failure of every self stated goal of every law subject. Accountability may prod the intelligent lawyer into being more competent and productive. The rule of law is an essential utility product. Its utter failure is a huge drag on the progress and development of the nation.

An amendment should be passed to end the immunity of all government agencies, including prosecutors, courts, and regulators. To deter.

Tuesday, March 8, 2011

Dealing with Denial of Care by Insurance Doctor Reviewer

The doctor is a traitor to clinical care, and a clueless dunce. Evidence based medicine is the medicine of 7 years ago, after academia has caught up with their research paper shuffling. It represents deviations from current standards of due care, but a convenient pretext to deny care by traitors to clinical care.

Appeals are totally rigged against spending by insurance, and phony time consuming procedures.

Here are other ideas to get approval.

1) Keep submitting or calling about approval. Eventually, a low level reviewer will randomly approve the request. Most of the decision are inappropriate and driven by personal profit from denial of care. This doctor should tell us whether he gets bonuses from company profits.

2) Have a standard letter to be signed by a patient. When these insurance company collaborators deny adequate care, send a formal request for an investigation by the licensing board. If the doctor is out of state, not licensed in the state of the patient, the denial of care is a medical act, requiring a license. Submit a request for an investigation into the unauthorized practice of medicine.

If the doctor is licensed in the state of the patient, but qualified outside the specialty of the prescriber, ask for an investigation into practice outside the scope of training and knowledge.

If the reviewer is licensed in state, and deny care within his own specialty, ask for an investigation into a medical act taken without direct evaluation of the patient, on an unknown patient. Records are not transcipts, so they are not adequate substitutes for a thorough evaluation in person by the reviewer.

3) If there will be a difference in pay, refer to the Department of Justice for a violation of the Stark Amendment and Anti-Kickback statutes.

To deter.