Senator, If you can use a stamp, you can carry out an execution. This method is endorsed by a bunch of tort lawyers.
http://www.hsinjurylaw.com/library/dangerousdefective-drugsfentanyl-patchconnected-with-deaths-overdoses.cfm
Peel and apply 10 Duragesic (fentanyl) patches anywhere on the body. The latter may be tied down, squirming, and uncooperative. Does not matter. Just stick the patches on. Make it 20 patches. The prisoner may enjoy an opiate high on the way out.
Add 20 clonidine patches in between to enhance the Duragesic patches.
No hand wringing for these victims in the walls of the house of a registered sex offender. These registries are worthless lawyer paper shuffling. These worthless lawyer remedies register and ruin a 10 year old kid pissing on a wall. They fail to slow down a serial killer. This failure mirrors that of the criminal law, with a high false negative and a high false positive, jailing many innocent defendants, and allowing the overwhelming majority of predators to escape punishment and to continue to victimize the public. Escaped victim explains the Sowell method. Punch the lady in the face and drag her into the house.
Thursday, November 5, 2009
Monday, November 2, 2009
Sunday, September 27, 2009
The Unpopularity of Lawyers
Walter Olsen links to Orin Kerr on this subject. Australian Lawyer lists the standard reasons. No one is saying the following substantive points, because the reasons stem, not from corporate propaganda, and not from the unbearable demeanor of the lawyer, but from substantial problems.
1) The Content of the Law. Leave aside its gibberish, inscrutable language. The content is garbage. All of it is human experimentation. None has scientific validation, nor even brief pilot testing in small jurisdiction to show safety and effectiveness. The core doctrines are from the Catholic Catechism, supernatural, and so subjective, they are used to further the interest of the lawyer and of no one else.
2) The Incompetence of the Law. Every self-stated goal of every law subject is in utter failure. People see the lawyer run the criminal law, and endure massive criminal victimization with Fallujah like conditions in minority areas. The lawyer is herding crime into their areas. The lawyer gives absolute immunity to 90% of crime. He then attacks anyone seeking to defend the neighborhood, including the police. Crime is one failure, but there is failure in family law, contract law. Torts are just a scam.
3) The Overgrowth of the Law for Rent Seeking Purposes. People see incompetents in the government tell them how to run their business, generate massive litigation, massive paper work. These go uncompensated. They resent the slavery and the land piracy.
1) The Content of the Law. Leave aside its gibberish, inscrutable language. The content is garbage. All of it is human experimentation. None has scientific validation, nor even brief pilot testing in small jurisdiction to show safety and effectiveness. The core doctrines are from the Catholic Catechism, supernatural, and so subjective, they are used to further the interest of the lawyer and of no one else.
2) The Incompetence of the Law. Every self-stated goal of every law subject is in utter failure. People see the lawyer run the criminal law, and endure massive criminal victimization with Fallujah like conditions in minority areas. The lawyer is herding crime into their areas. The lawyer gives absolute immunity to 90% of crime. He then attacks anyone seeking to defend the neighborhood, including the police. Crime is one failure, but there is failure in family law, contract law. Torts are just a scam.
3) The Overgrowth of the Law for Rent Seeking Purposes. People see incompetents in the government tell them how to run their business, generate massive litigation, massive paper work. These go uncompensated. They resent the slavery and the land piracy.
Saturday, September 26, 2009
Lawyer Explains "Cy Pres Comme Possible" as a Lawyer Scheme
What she does not say is that the entire subject of torts is a false pretext to transfer assets from the productive to the parasitic. I suggest ending all lawyer self-dealt immunities to bring this scheme to the schemers.
"A common law doctrine, it originated in the area of charitable trusts where its application is justifiable — and least susceptible to abuse. A typical example is a trust established by a now deceased grantor to benefit a local library that no longer exists. What does the trustee do with the money? A court can order the funds rededicated to one or more nearby libraries, thus respecting the decedent’s evident purpose cy pres comme possible (“as near as possible”). Sensible enough. But like everything else that had a legitimate original purpose, sharks got hold of the doctrine, took it where it doesn’t belong (with the aid of liberal judges) and are engaging in feeding frenzies.
Cy pres crept into that most pernicious of bench-bar collusions: class action settlements. In large part, class action litigation is a judicially sanctioned shakedown industry. We’ve heard the countless stories of clever hustlers with J.D. degrees raking in millions putting together an arrangement whereby a mass of strangers is invited to consider drowning in paperwork for an award of $10. And the deal usually involves giving others room at the trough — class and fund administrators, special masters and other court-appointed parasites. Class action consent decrees are too frequently entered into by corporations for reasons wholly unrelated to the merits of the suit. Government defendants are worse offenders. Particularly in race discrimination class actions, politicians can easily collude with plaintiffs to produce consent decrees to get around laws they don’t like and gain what a jury would never give them."
"A common law doctrine, it originated in the area of charitable trusts where its application is justifiable — and least susceptible to abuse. A typical example is a trust established by a now deceased grantor to benefit a local library that no longer exists. What does the trustee do with the money? A court can order the funds rededicated to one or more nearby libraries, thus respecting the decedent’s evident purpose cy pres comme possible (“as near as possible”). Sensible enough. But like everything else that had a legitimate original purpose, sharks got hold of the doctrine, took it where it doesn’t belong (with the aid of liberal judges) and are engaging in feeding frenzies.
Cy pres crept into that most pernicious of bench-bar collusions: class action settlements. In large part, class action litigation is a judicially sanctioned shakedown industry. We’ve heard the countless stories of clever hustlers with J.D. degrees raking in millions putting together an arrangement whereby a mass of strangers is invited to consider drowning in paperwork for an award of $10. And the deal usually involves giving others room at the trough — class and fund administrators, special masters and other court-appointed parasites. Class action consent decrees are too frequently entered into by corporations for reasons wholly unrelated to the merits of the suit. Government defendants are worse offenders. Particularly in race discrimination class actions, politicians can easily collude with plaintiffs to produce consent decrees to get around laws they don’t like and gain what a jury would never give them."
Sunday, September 20, 2009
Physician Bashing on KevinMD, Again
Left wing ideologue and Commie collaborator Kevin Cho allowed this garbage on his blog.
"Hospital leaders should follow these same examples for all members of their teams regardless of perceived value.
* Expected behaviors should be clearly delineated.
* Consequences for divergence from these behaviors should also be delineated.
* The type of punishment should be in line with the severity of the infraction.
* Consequences should increase in a step-wise fashion for repetitive infractions.
* Clear communication should occur at each and every instance."
Naturally, left wing ideologues get to determine what is disruptive behavior, and no dissent will be tolerated. Feminist nurses will report jokes to intimidate doctors. There will be an atmosphere of total reporting, instead of direct communication and work disagreements out between staff. The reason? Investigations generate jobs for left wing ideologues.
This protocol is from the AMA and JCAHO, as well. I would appreciate it if any physician subjected to this lawyer oppression of doctors defending clinical care would let me know. Rudeness will be used as a pretext to bully doctors, and to deny care to their patients. The snitch, the hospital, the guideline makers, all should be fully deterred with litigation against them as individuals. Even in the days the KGB had commissars of political correctness in every military and industrial unit, people made jokes. The lawyer is running a tighter ship than the KGB. All physician running dogs and collaborators with this scheme are enemies of clinical care.
"Hospital leaders should follow these same examples for all members of their teams regardless of perceived value.
* Expected behaviors should be clearly delineated.
* Consequences for divergence from these behaviors should also be delineated.
* The type of punishment should be in line with the severity of the infraction.
* Consequences should increase in a step-wise fashion for repetitive infractions.
* Clear communication should occur at each and every instance."
Naturally, left wing ideologues get to determine what is disruptive behavior, and no dissent will be tolerated. Feminist nurses will report jokes to intimidate doctors. There will be an atmosphere of total reporting, instead of direct communication and work disagreements out between staff. The reason? Investigations generate jobs for left wing ideologues.
This protocol is from the AMA and JCAHO, as well. I would appreciate it if any physician subjected to this lawyer oppression of doctors defending clinical care would let me know. Rudeness will be used as a pretext to bully doctors, and to deny care to their patients. The snitch, the hospital, the guideline makers, all should be fully deterred with litigation against them as individuals. Even in the days the KGB had commissars of political correctness in every military and industrial unit, people made jokes. The lawyer is running a tighter ship than the KGB. All physician running dogs and collaborators with this scheme are enemies of clinical care.
Saturday, September 12, 2009
Judging Is a Separate Profession, and Should Have Separate Training and Licensing
I asked my hair cutter how she got her license. She attended classes for 2000 hours. She took a long written exam with dermatology board exam style questions. She then had to cut the hair of three types of people for a licensing official.
Is judging as hard as cutting hair? I think so. So why are amateurs, losing political hacks, and lawyer dumbasses (a lawyer term of art, not an epithet), given the responsibility of judges for the transfer of $billions at the point of a gun from the productive to the parasitic lawyer and its parasitic client? Why are such amateur incompetents allowed to put people to death with an appalling error rate?
These incompetents, amateurs, and losers then deal themselves immunity, because they consider their decisions above accountability to the appalling, massive number of victims of their carelessness, incompetence, and idiocy.
I suggest that judging be made a separate profession from the criminal cult enterprise of the lawyer profession. The latter is in utter failure in every goal of every law subject. The lawyer profession should actually be excluded from all benches by a Constitutional Amendment. Judging is too important for irresponsible incompetents, and dumbasses.
Judging should be a separate licensed profession. Candidates should go to judge school. They should be older, and have experienced taking responsibility for decision making. For example, retired military and other who have run operations should be selected for judicial temperament. They attend 2 years of classes. The primary message should be, "Obey the law, do not make the law." The third year, they should judge cases under the supervision of experienced judges. They graduate. They take a judge licensing examination made up, administered, and supervised by the judiciary itself, to avoid a separation of powers beef.
Only licensed judges would be allowed to run for election or to get appointed by the Executive. Again, all lawyers would be excluded from entering judge school. Being a lawyer disqualifies the person because it is an advocacy profession. Judges should be allowed to get their own evidence. Today, they can be impeached if they drive by an accident scene on their own time.
Judges should be held liable for deviations from professional standards of due care for judges in their level of court. They should be protected from retaliatory, frivolous, and weak cases. It should be an intentional tort per se for a lawyer to file a case that gets dismissed on first pleading. Judges should carry liability insurance to make whole the victims of their carelessness. As their mistakes accumulate, their premiums will increase. The judge that makes a lot of mistakes will be driven out of office by unaffordable insurance costs.
Some content that would differ from a law school curriculum.
Punishment is the sole tool of the law. Judges would study psychology and sociology as the basic sciences of the law, rather than become indoctrinated in the supernatural, Catechism, wrongful doctrines of Scholasticism, taught in law schools, in insurrection against the Establishment Clause.
They would be taught the scientific version of the word evidence, scientific methods required to accumulate evidence, and the concept of reliability and validity, how they are established. They should learn modern views of accidents and catastrophes.
Inquisitorial judging should be allowed, with the judge as employee of the public, and not to become a Chinese virgin empress not allowed to do anything for herself. The spoon feeding of a judge allows the lawyers to control the trial, a public taxpayer funded affair.
Is judging as hard as cutting hair? I think so. So why are amateurs, losing political hacks, and lawyer dumbasses (a lawyer term of art, not an epithet), given the responsibility of judges for the transfer of $billions at the point of a gun from the productive to the parasitic lawyer and its parasitic client? Why are such amateur incompetents allowed to put people to death with an appalling error rate?
These incompetents, amateurs, and losers then deal themselves immunity, because they consider their decisions above accountability to the appalling, massive number of victims of their carelessness, incompetence, and idiocy.
I suggest that judging be made a separate profession from the criminal cult enterprise of the lawyer profession. The latter is in utter failure in every goal of every law subject. The lawyer profession should actually be excluded from all benches by a Constitutional Amendment. Judging is too important for irresponsible incompetents, and dumbasses.
Judging should be a separate licensed profession. Candidates should go to judge school. They should be older, and have experienced taking responsibility for decision making. For example, retired military and other who have run operations should be selected for judicial temperament. They attend 2 years of classes. The primary message should be, "Obey the law, do not make the law." The third year, they should judge cases under the supervision of experienced judges. They graduate. They take a judge licensing examination made up, administered, and supervised by the judiciary itself, to avoid a separation of powers beef.
Only licensed judges would be allowed to run for election or to get appointed by the Executive. Again, all lawyers would be excluded from entering judge school. Being a lawyer disqualifies the person because it is an advocacy profession. Judges should be allowed to get their own evidence. Today, they can be impeached if they drive by an accident scene on their own time.
Judges should be held liable for deviations from professional standards of due care for judges in their level of court. They should be protected from retaliatory, frivolous, and weak cases. It should be an intentional tort per se for a lawyer to file a case that gets dismissed on first pleading. Judges should carry liability insurance to make whole the victims of their carelessness. As their mistakes accumulate, their premiums will increase. The judge that makes a lot of mistakes will be driven out of office by unaffordable insurance costs.
Some content that would differ from a law school curriculum.
Punishment is the sole tool of the law. Judges would study psychology and sociology as the basic sciences of the law, rather than become indoctrinated in the supernatural, Catechism, wrongful doctrines of Scholasticism, taught in law schools, in insurrection against the Establishment Clause.
They would be taught the scientific version of the word evidence, scientific methods required to accumulate evidence, and the concept of reliability and validity, how they are established. They should learn modern views of accidents and catastrophes.
Inquisitorial judging should be allowed, with the judge as employee of the public, and not to become a Chinese virgin empress not allowed to do anything for herself. The spoon feeding of a judge allows the lawyers to control the trial, a public taxpayer funded affair.
Thursday, September 10, 2009
Biased Left Wing Judge Empowers Disability Bullies with Huge Fine of Store Trying to Prevent Shoplifting
This is the profile of the judge. This is the beginning of ruinous attacks on all productive entities by the criminal cult enterprise to defund them and to enrich lawyers and their parasitic clients. This girl may have been among those falsely diagnosed as having autism to generate useless services and privileges. Now anyone acting disabled may team shoplift in stores with the deterrence of store security by disability bullies. This judge should be investigated for her bias. She should be made to resign as a left wing ideologue and a bully. Do the same with the state lawyer, and the plaintiff herself. The store should countersue the lot and obtain total e-discovery especially on the girl herself.
Sunday, August 30, 2009
Perhaps the Lawyer Might be Indirectly Blamed. Rent Seeking is Everywhere
The Supremacy is watching below from his office tower. A stopped bus opens a door, and the door strikes a bicyclist in the bicycle lane in the shoulder. Oh, my God.
Three police cars arrive. Two ambulances. Two fire department service vehicles. This doofis is standing, holding his shoulder. Meanwhile traffic on this two lane street is backed up for miles, because the police naturally close off both lanes. The guy tries to walk away. The ambulance people force him onto a flat board, and immobilize his neck. They carry him away. I am sure all this equipment and staff cost over $1000. They likely took him to an Emergency Room. There, he must have received a $5000 evaluation. I am sure that he hired a lawyer, and will receive much rehabilitation, follow up care, and compensation in the $1000's or $10's of 1000's.
The lawyer may just a pretext for the enthusiastic rent seeking of every body else.
Three police cars arrive. Two ambulances. Two fire department service vehicles. This doofis is standing, holding his shoulder. Meanwhile traffic on this two lane street is backed up for miles, because the police naturally close off both lanes. The guy tries to walk away. The ambulance people force him onto a flat board, and immobilize his neck. They carry him away. I am sure all this equipment and staff cost over $1000. They likely took him to an Emergency Room. There, he must have received a $5000 evaluation. I am sure that he hired a lawyer, and will receive much rehabilitation, follow up care, and compensation in the $1000's or $10's of 1000's.
The lawyer may just a pretext for the enthusiastic rent seeking of every body else.
Sunday, August 23, 2009
Catechism Content of the Common Law in Modern Times
None of these terms is permissible in the law of our secular nation, and they are prohibited by the Establishment Clause.
46-47: Starting from creation, that is from the world and from the human person, through reason alone one can know God with certainty as the origin and end of the universe, as the highest good and as infinite truth and beauty.
[Reason is the ability of man to perceive the Trinity and God. Reasonable is the most frequent, core concept of American jurisprudence. One wonders why 100 other words were not selected. Man fell from the Garden of Eden after committing original sin. His intellect, logic are easily fooled by the mortal sins, by jealousy, lust, avarice, greed, selfishness. Only reason is the path to moral conduct. The best guide to moral decision making is the New Testament, the story and words of Jesus Christ. The reasonable person standard in the common law may therefore be lawyer code for Jesus Christ.]
Latin version is the official Catholic Church Catechism, and was published in 1997. Every paragraph has a number.
Sins. Spiritual, against God, against neighbor, and self.
Location of sins. Thoughts. Deeds. And in omission.
Classified by their gravity. From Scripture, experience, and the Tradition of the Church.
Mortal sin analysis has three "elements." These land the person in hell for eternity (1861).
1) grave matter (for example, those specified in the Ten Commandments);
2) full knowledge in advance
3) committed with "complete consent."
Repetition of venial sins reinforces itself. The Seven Deadly Sins lead to others, and are gateway to mortal sin (1863). They include, pride, avarice (greed), envy, wrath, lust, gluttony, and sloth (1866).
One may be an accomplice to sin, and be responsible for the sin of another, by direct participation, ordering it, approving it, praising it, or doing nothing to prevent it, or failing to protect the sinner after the fact (1868).
46-47: Starting from creation, that is from the world and from the human person, through reason alone one can know God with certainty as the origin and end of the universe, as the highest good and as infinite truth and beauty.
[Reason is the ability of man to perceive the Trinity and God. Reasonable is the most frequent, core concept of American jurisprudence. One wonders why 100 other words were not selected. Man fell from the Garden of Eden after committing original sin. His intellect, logic are easily fooled by the mortal sins, by jealousy, lust, avarice, greed, selfishness. Only reason is the path to moral conduct. The best guide to moral decision making is the New Testament, the story and words of Jesus Christ. The reasonable person standard in the common law may therefore be lawyer code for Jesus Christ.]
Latin version is the official Catholic Church Catechism, and was published in 1997. Every paragraph has a number.
Sins. Spiritual, against God, against neighbor, and self.
Location of sins. Thoughts. Deeds. And in omission.
Classified by their gravity. From Scripture, experience, and the Tradition of the Church.
Mortal sin analysis has three "elements." These land the person in hell for eternity (1861).
1) grave matter (for example, those specified in the Ten Commandments);
2) full knowledge in advance
3) committed with "complete consent."
Repetition of venial sins reinforces itself. The Seven Deadly Sins lead to others, and are gateway to mortal sin (1863). They include, pride, avarice (greed), envy, wrath, lust, gluttony, and sloth (1866).
One may be an accomplice to sin, and be responsible for the sin of another, by direct participation, ordering it, approving it, praising it, or doing nothing to prevent it, or failing to protect the sinner after the fact (1868).
Perhaps, Eyewitness Testimony Should Be Banned
It is so unreliable as to violate the procedural due process of the parties to a fair trial.
Monday, August 3, 2009
Similarities Between Law and Medicine
1) Essential utility services.
2) Inherent Conflict of Interest - Enrichment from the trouble of others.
3) Students come from upper part of the college class, but are not geniuses.
4) Education. Requires 80 hours a week of study to do well. Changes the person by suffering.
5) Evidence.
6) Earn roughly four times the average wage. Feared, and respected.
7) Guilds engaging in rent seeking. Health and the law belong to the public. Their licensing is a monopoly privilege with other people's property.
8) Duties to patient or client are highly privileged, even at the expense of the interests of others, because they are essential to fundamental rights of the patient/client.
2) Inherent Conflict of Interest - Enrichment from the trouble of others.
3) Students come from upper part of the college class, but are not geniuses.
4) Education. Requires 80 hours a week of study to do well. Changes the person by suffering.
5) Evidence.
6) Earn roughly four times the average wage. Feared, and respected.
7) Guilds engaging in rent seeking. Health and the law belong to the public. Their licensing is a monopoly privilege with other people's property.
8) Duties to patient or client are highly privileged, even at the expense of the interests of others, because they are essential to fundamental rights of the patient/client.
Friday, July 24, 2009
"Dumbass" is a Lawyer Term of Art
It refers to a modern person with an astronomical IQ, such as 300. The person enters law school, and gets subjected its criminal cult enterprise indoctrination. The person emerges a mental cripple with the following beliefs:
1) minds can be read;
2) the future of rare accidents may be foreseen;
3) twelve strangers off the street, after excluding all with knowledge, can detect the truth by using their gut feeling, when all they have detected is likability;
4) the standard of prudent conduct are to be set by a fictional person, to make them objective, and they have no inkling, it is a fictional person because "reasonable" technically refers to the New Testament, and the fictional person is really Jesus Christ.
The indoctrination and its impact are so great that the person refuses to believe the indoctrination has changed him nor even taken place.
1) minds can be read;
2) the future of rare accidents may be foreseen;
3) twelve strangers off the street, after excluding all with knowledge, can detect the truth by using their gut feeling, when all they have detected is likability;
4) the standard of prudent conduct are to be set by a fictional person, to make them objective, and they have no inkling, it is a fictional person because "reasonable" technically refers to the New Testament, and the fictional person is really Jesus Christ.
The indoctrination and its impact are so great that the person refuses to believe the indoctrination has changed him nor even taken place.
Eugene: Legal Documents are Not Writings, They Are Products Needing Protection by Patents
Here are 12 reasons why. Although, it says, lawsuit, these points apply to all lawyer products designed to act on others, rather than to communicate with others.
Sunday, July 19, 2009
Paruresis a Disability
I have that.
Not only do I demand that any drug screening be performed by catheterization, I demand a disabled parking placard to be closer to the bathroom at malls. I further demand a badge. With it, I should be able to make all current occupants leave the bathroom and to close it to others, until I am done. Otherwise, I am very upset and will file a complaint with the Civil Rights Division of the Department of Justice.
That kid on the sex registry for peeing outside may have a valid ADAA beef against the state.
Not only do I demand that any drug screening be performed by catheterization, I demand a disabled parking placard to be closer to the bathroom at malls. I further demand a badge. With it, I should be able to make all current occupants leave the bathroom and to close it to others, until I am done. Otherwise, I am very upset and will file a complaint with the Civil Rights Division of the Department of Justice.
That kid on the sex registry for peeing outside may have a valid ADAA beef against the state.
Friday, July 10, 2009
Shop for a Legal Malpractice Lawyer
This poor child should be made whole for the damage done by his lawyer's carelessness.
Friday, July 3, 2009
Saturday, June 27, 2009
Tactics Never Tried in Medical Malpractice Defense
1) If opposing experts testify in good faith (sincerely) about the standard of professional due care, a scientific controversy exists. The resolution of a scientific controversy is outside the subject matter jurisdiction of the court.1 Only additional scientifically valid data may resolve a scientific controversy. It is not within the court’s ability to obtain scientific evidence nor to resolve a scientific controversy. Under the Frye doctrine2 used by Pennsylvania courts, the standard must be generally accepted. Under the Daubert doctrine3, used in federal court, the testimony must have adequate methodology, and other indicia of reliability. By definition, opposite opinions violate Daubert standards.
The court may must dismiss the lawsuit if 1) the experts disagree over the standard of due care; 2) agree about the standard, but whether the doctor’s treatment met it; 3) agree about the standard, that the doctor failed to meet it, but disagree over whether the deviation from standards caused the injury or merely preceded it. The jury may judge a claim where opposing experts agree about the standard of care, that if the doctor’s treatment deviated from it, it would have caused the injury, but disagree about the material facts of the treatment (if it happened, when it happened). The jury has the ability to determine what happened, then using the agreement of experts over material opinions about the standard, the hypothetical causation, but disagreement about the facts of treatment.
The court may also accept a claim the standard of care and of causation is within the knowledge of the jury, such as wrong site surgery, or that has no defense expert.
If one of the opposing experts is shown to be testifying in bad faith, the other side should demand a mistrial, and all legal and court cost be assessed to the personal assets of the expert testifying in bad faith, to deter.”
Notes:
1. Sancho v. U.S. Department of Energy. F.Supp.2d, 2008 WL 4370009 (D. Hawai’i) (Lack of subject matter jurisdiction in a claim that turning on a particle accelerator could create a black hole swallowing the earth). At: http://eejlaw. com/c/Sancho_ v_DOE.pdf . May be raised at any point of case. May be raised by the court itself. Court has ability to answer legal questions not scientific ones. Its decsions are at the point of a gun, and may distort clinical practice if an unscientific opinion prevails. The jury has no ability to judge the science, especially after all with any knowledge have been excluded in voir dire. The jury will favor the more personally likable expert, or apply one of may cognitive biases. These results of lack of subject matter jurisdiction violate the procedural due process right of the civil defendant to a fair hearing.
2. Frye Decision at http://www.dauberto ntheweb.com/ frye_opinion. htm. “...the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” Opposite testimony on the standard of care implies lack of “general acceptance.” The experts are there to help the jury apply the standard of care to the facts. If they disagree, they are not helping but confusing the jury.
3. Daubert Decision at http://supct. law.cornell. edu/supct/ html/92-102. ZS.html. “Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation, and whether it has attracted widespread acceptance within a relevant scientific community. The inquiry is a flexible one, and its focus must be solely on principles and methodology, not on the conclusions that they generate.”
2) The plaintiff expert should produce a minimum of 5 personal charts, from within 1 year of the damage to the plaintiff, treating a condition similar to that of the plaintiff. If these 5 personal charts do not confirm the expert's management is the same as that in the report, then the testimony is not in good faith. If the expert cannot produce 5 charts of a case similar to that of the plaintiff, his testimony should be disqualified as an expert. If the expert is impeached or disqualified, a mistrial should be called, and all legal and court costs should be assessed to the personal assets of the misleading expert.
3) Outcome bias, and all other cognitive biases should be ruled out by the expert certifying the merit of the claim. If these biases are found at trial, a mistrial should be declared, and all legal costs should be assessed to the personal assets of the expert that signed the certificate of merit.
4) This measure may be going on now, but not enough. The entire list of the plaintiff experts written and testimonial output should be read word for word. Every item that contradicts a point in the report or deposition transcript should be listed. These contradictions impeach the credibility of the expert and should serve to have the judge disqualify the expert. Again, a mistrial should get declared and all legal costs should be assessed to the personal assets of the lying expert.
5) Data Mining by IMS and equivalent companies. One may get a national count or a regional count of prescriptions, with patient characteristics for about $5000. If hundreds or thousands of doctors have given a drug to thousands or millions of patients, even off label, that is the single best definition of the standard of care. If the plaintiff expert states, the use of this medication is not within the standard of care, that is an opinion. It is impossible to perjure oneself about an opinion. The latter may be impeached by inconsistent statements. However, in the presence of data from prescription databases showing many doctors prescribing the same as the defendant, then the plaintiff expert has contradicted a fact. Defense counsel should be asked to call for a mistrial, and to assess all legal costs to the assets of the plaintiff expert. It is permissible for the plaintiff expert to say, many doctors prescribe the same way as the defendant, but I disagree with that practice. That assertion is not a lie, and is an opinion. The opinion is immunized by the Free Speech Clause and by a Supreme Court decision. The assertion of a false fact is not. The appellate courts have upheld state laws banning data mining. These decisions will likely get appealed.
Defense lawyers employed by insurance companies will always refuse to try these defenses. The defendant is urged to hire a personal lawyer who specializes in legal malpractice to thoroughly bully and terrorize the insurance company defense attorney. These defenses will deter future false testimony by experts, and drastically cut into the need for malpractice insurance and for malpractice defense attorneys.
The court may must dismiss the lawsuit if 1) the experts disagree over the standard of due care; 2) agree about the standard, but whether the doctor’s treatment met it; 3) agree about the standard, that the doctor failed to meet it, but disagree over whether the deviation from standards caused the injury or merely preceded it. The jury may judge a claim where opposing experts agree about the standard of care, that if the doctor’s treatment deviated from it, it would have caused the injury, but disagree about the material facts of the treatment (if it happened, when it happened). The jury has the ability to determine what happened, then using the agreement of experts over material opinions about the standard, the hypothetical causation, but disagreement about the facts of treatment.
The court may also accept a claim the standard of care and of causation is within the knowledge of the jury, such as wrong site surgery, or that has no defense expert.
If one of the opposing experts is shown to be testifying in bad faith, the other side should demand a mistrial, and all legal and court cost be assessed to the personal assets of the expert testifying in bad faith, to deter.”
Notes:
1. Sancho v. U.S. Department of Energy. F.Supp.2d, 2008 WL 4370009 (D. Hawai’i) (Lack of subject matter jurisdiction in a claim that turning on a particle accelerator could create a black hole swallowing the earth). At: http://eejlaw. com/c/Sancho_ v_DOE.pdf . May be raised at any point of case. May be raised by the court itself. Court has ability to answer legal questions not scientific ones. Its decsions are at the point of a gun, and may distort clinical practice if an unscientific opinion prevails. The jury has no ability to judge the science, especially after all with any knowledge have been excluded in voir dire. The jury will favor the more personally likable expert, or apply one of may cognitive biases. These results of lack of subject matter jurisdiction violate the procedural due process right of the civil defendant to a fair hearing.
2. Frye Decision at http://www.dauberto ntheweb.com/ frye_opinion. htm. “...the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” Opposite testimony on the standard of care implies lack of “general acceptance.” The experts are there to help the jury apply the standard of care to the facts. If they disagree, they are not helping but confusing the jury.
3. Daubert Decision at http://supct. law.cornell. edu/supct/ html/92-102. ZS.html. “Many considerations will bear on the inquiry, including whether the theory or technique in question can be (and has been) tested, whether it has been subjected to peer review and publication, its known or potential error rate, and the existence and maintenance of standards controlling its operation, and whether it has attracted widespread acceptance within a relevant scientific community. The inquiry is a flexible one, and its focus must be solely on principles and methodology, not on the conclusions that they generate.”
2) The plaintiff expert should produce a minimum of 5 personal charts, from within 1 year of the damage to the plaintiff, treating a condition similar to that of the plaintiff. If these 5 personal charts do not confirm the expert's management is the same as that in the report, then the testimony is not in good faith. If the expert cannot produce 5 charts of a case similar to that of the plaintiff, his testimony should be disqualified as an expert. If the expert is impeached or disqualified, a mistrial should be called, and all legal and court costs should be assessed to the personal assets of the misleading expert.
3) Outcome bias, and all other cognitive biases should be ruled out by the expert certifying the merit of the claim. If these biases are found at trial, a mistrial should be declared, and all legal costs should be assessed to the personal assets of the expert that signed the certificate of merit.
4) This measure may be going on now, but not enough. The entire list of the plaintiff experts written and testimonial output should be read word for word. Every item that contradicts a point in the report or deposition transcript should be listed. These contradictions impeach the credibility of the expert and should serve to have the judge disqualify the expert. Again, a mistrial should get declared and all legal costs should be assessed to the personal assets of the lying expert.
5) Data Mining by IMS and equivalent companies. One may get a national count or a regional count of prescriptions, with patient characteristics for about $5000. If hundreds or thousands of doctors have given a drug to thousands or millions of patients, even off label, that is the single best definition of the standard of care. If the plaintiff expert states, the use of this medication is not within the standard of care, that is an opinion. It is impossible to perjure oneself about an opinion. The latter may be impeached by inconsistent statements. However, in the presence of data from prescription databases showing many doctors prescribing the same as the defendant, then the plaintiff expert has contradicted a fact. Defense counsel should be asked to call for a mistrial, and to assess all legal costs to the assets of the plaintiff expert. It is permissible for the plaintiff expert to say, many doctors prescribe the same way as the defendant, but I disagree with that practice. That assertion is not a lie, and is an opinion. The opinion is immunized by the Free Speech Clause and by a Supreme Court decision. The assertion of a false fact is not. The appellate courts have upheld state laws banning data mining. These decisions will likely get appealed.
Defense lawyers employed by insurance companies will always refuse to try these defenses. The defendant is urged to hire a personal lawyer who specializes in legal malpractice to thoroughly bully and terrorize the insurance company defense attorney. These defenses will deter future false testimony by experts, and drastically cut into the need for malpractice insurance and for malpractice defense attorneys.
Thursday, June 25, 2009
Juries
Lie detector machines have some usefulness and validation. Yet, their results are excluded from testimony. The idea that a group of annoyed strangers can detect the truth by using their gut feelings or can settle disputes in advanced technical fields is a psychotic delusion of the lawyer. The lawyer has excluded any with knowledge, making matters worse.
In the Middle Ages, the jurors had good knowledge of the case. They had walked the disputed property line 10 years before. They knew the criminal since childhood. Together they contributed the wisdom of the crowd. The lawyer has perverted these advantages grasped 1000 year ago, and excludes those with knowledge and even those married to those with knowledge. There is no point to having a jury, if only ignoramuses are allowed by the biased lawyer on the bench.
The sole valid jury vote is the secret first vote. It should be the only one allowed. After that, the jury vote reflects the opinion of the biggest loud mouth. The rest of the jurors only want to go home, will go along with any decision that will end their ordeal. If there is a lawyer on the jury, he can reverse the majority vote in the direction of his biased opinion. Under such circumstances, the legislature could set a high threshold of a super majority of the jury for guilty verdict, e.g. 9 of 12.
The jurors should be compensated at their standard salary rate, and there should be no one excused, not even the President of the United States. This is a version of dragooning. The theft of their services is a regulatory taking violating the Fifth Amendment, and I do not care what case law says. The case law was set by judges dependent on free jury services. Their conflict of interest makes all their appellate decisions unlawful and corrupt. Someone asked about compensating a housewife. Employment discrimination laws cover that scenario. What salary would be required to replace her services for her 8 hour workday of a juror? I think you could find someone to do child care, cook, shop, clean, for around $10 an hour, times 8 hours (time on jury duty for a day), so about $80 a day. As to breast feeding, no employment laws cover that. Some employers allow it at work, and it is not disruptive. Others do not. Some of the issues are here. It is not settled in the workplace, so it is not settled in the court. If allowing babies at work replaces maternity leave, it is quite advantageous to the employer.
The defense should be permitted to tell the truth. But for the plaintiff complaint, their lives would not have been interrupted.
Who are the peers in "a jury of one's peers?" One's peers are one's fellow citizens in town. So, random assignments to cases would be the fairest. That would end the churning cases, and appeals on discriminatory juries. It would end voir dire, the questioning of juries. The latter has never been proven effective for the lawyers. They just add hours and days to their billed time.
In the Middle Ages, the jurors had good knowledge of the case. They had walked the disputed property line 10 years before. They knew the criminal since childhood. Together they contributed the wisdom of the crowd. The lawyer has perverted these advantages grasped 1000 year ago, and excludes those with knowledge and even those married to those with knowledge. There is no point to having a jury, if only ignoramuses are allowed by the biased lawyer on the bench.
The sole valid jury vote is the secret first vote. It should be the only one allowed. After that, the jury vote reflects the opinion of the biggest loud mouth. The rest of the jurors only want to go home, will go along with any decision that will end their ordeal. If there is a lawyer on the jury, he can reverse the majority vote in the direction of his biased opinion. Under such circumstances, the legislature could set a high threshold of a super majority of the jury for guilty verdict, e.g. 9 of 12.
The jurors should be compensated at their standard salary rate, and there should be no one excused, not even the President of the United States. This is a version of dragooning. The theft of their services is a regulatory taking violating the Fifth Amendment, and I do not care what case law says. The case law was set by judges dependent on free jury services. Their conflict of interest makes all their appellate decisions unlawful and corrupt. Someone asked about compensating a housewife. Employment discrimination laws cover that scenario. What salary would be required to replace her services for her 8 hour workday of a juror? I think you could find someone to do child care, cook, shop, clean, for around $10 an hour, times 8 hours (time on jury duty for a day), so about $80 a day. As to breast feeding, no employment laws cover that. Some employers allow it at work, and it is not disruptive. Others do not. Some of the issues are here. It is not settled in the workplace, so it is not settled in the court. If allowing babies at work replaces maternity leave, it is quite advantageous to the employer.
The defense should be permitted to tell the truth. But for the plaintiff complaint, their lives would not have been interrupted.
Who are the peers in "a jury of one's peers?" One's peers are one's fellow citizens in town. So, random assignments to cases would be the fairest. That would end the churning cases, and appeals on discriminatory juries. It would end voir dire, the questioning of juries. The latter has never been proven effective for the lawyers. They just add hours and days to their billed time.
Sunday, June 21, 2009
Bad Cult Uses Good Tactics Against the IRS
Many thanks to Prof. Howard M Friedman and his great site.
Here.
1) Massive number of lawsuits simultaneously. "It gained church status from the IRS by, "...an extraordinary campaign of public pressure backed by thousands of lawsuits.... The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions. "Before you knew it, these simple little cookie-cutter suits … became full-blown legal cases," Rathbun said."
2) Attack IRS conduct with documents obtained by the Freedom of Information Act. "Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington."
3) Whistleblower group. "A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology."
4) Advertising. "...full-page ads in USA Today criticizing the IRS."
The federal government is in failure. It attacks innocence and protects evil (but not in the case of the Church of Scientology). It is supposed to protect the public. It protects itself only, if at all. Such counter-measures have full moral and intellectual justification to deter it.
Here.
1) Massive number of lawsuits simultaneously. "It gained church status from the IRS by, "...an extraordinary campaign of public pressure backed by thousands of lawsuits.... The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions. "Before you knew it, these simple little cookie-cutter suits … became full-blown legal cases," Rathbun said."
2) Attack IRS conduct with documents obtained by the Freedom of Information Act. "Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington."
3) Whistleblower group. "A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology."
4) Advertising. "...full-page ads in USA Today criticizing the IRS."
The federal government is in failure. It attacks innocence and protects evil (but not in the case of the Church of Scientology). It is supposed to protect the public. It protects itself only, if at all. Such counter-measures have full moral and intellectual justification to deter it.
Tuesday, June 16, 2009
Lower Health Care Cost by 50% by Getting Rid of the Lawyer, Number One Enemy and Threat to Clinical Care
1) There is 2% in medical malpractice insurance cost. Most of it ends up in the pockets of lawyers, filing weak cases to score in the lawsuit lottery.
2) There is 10% defensive medicine.
3) There is 20% spent on worthless end of life care that tortures dying old people, solely motivated by a need to protect oneself from litigious, scapegoating, greedy, family members.
4) There is at least 20% for unproven, gold plated worthless regulation and accreditation standards. As the authorities impose phony standards of care from evidence based medicine, shouldn't the authorities prove that every new standard imposed at the point of a gun has been proven to achieve better patient outcomes. This requires pilot studies and controlled experiments in every larger settings. All new standards are garbage science until proven otherwise. These accrediting and licensing authorities should be sued every time they impose their garbage standards.
5) There is 10% overhead for insurance disputes and billing. This includes about 2% ($31 billion) just to deal with insurance forms, reviewed here (requiring free registration). The lawyer has immunized these HMO companies from any accountability. Even valid claims of insurance bad faith will fail. They are now huge, mature industries. They no longer need unfair and unjustified immunities. Strong lobbying efforts should end their unconstitutional immunities. The first lawsuit should be for the free labor, and its resulting unjust enrichment, pre-authorizations being for their benefit, that they intentionally forced from doctors, something like $trillion.
6) There is the cost of medical errors, perhaps up to 5%. Every medical error is caused by the lawyer. Instead of thorough investigations and system changes to prevent them, errors are covered up because they will take down the entity when lawyers get a hold of the reports. Such reports are testimony against interest, an exception to the hearsay rule. Every word will be blown up in a poster or Power Point in front of the jury, and read aloud, over and over.
7) There is the retention of incompetent, unethical, and dangerous staff, costing another 5%, because employment lawyers would destroy the place if they were fired.
8) There is more self-care. People are fully capable of learning how to diagnose and treat a higher level of disorders than cuts and colds. Make many non-addictive medications available over the counter, most of which are safer than those available one, in use and in overdose. People should be able to read about the management of a minor, non-lethal ailment, its medication management, then to take a low dose of a medication over the counter. The package insert should be written at the sixth grade level.
9) The biggest untapped mine of medical advance, at no additional cost, is the off label use of many medications. End the draconian punishments for off label promotion by drug companies. And fund a lot of research into exploiting the medication we have now. One person's horrible side effect is another's life saver. Headache patients accidentally died from unknown internal bleeding caused by aspirin. The blood thinning side effect has saved countless heart attack patients.
Get rid of the oppression and plunder of the pestilential land pirate, and health cost would be 50% lower, have higher quality, with errors nearly gone. And, you would have enough money left to buy the uninsured top of the line executive grade health insurance.
2) There is 10% defensive medicine.
3) There is 20% spent on worthless end of life care that tortures dying old people, solely motivated by a need to protect oneself from litigious, scapegoating, greedy, family members.
4) There is at least 20% for unproven, gold plated worthless regulation and accreditation standards. As the authorities impose phony standards of care from evidence based medicine, shouldn't the authorities prove that every new standard imposed at the point of a gun has been proven to achieve better patient outcomes. This requires pilot studies and controlled experiments in every larger settings. All new standards are garbage science until proven otherwise. These accrediting and licensing authorities should be sued every time they impose their garbage standards.
5) There is 10% overhead for insurance disputes and billing. This includes about 2% ($31 billion) just to deal with insurance forms, reviewed here (requiring free registration). The lawyer has immunized these HMO companies from any accountability. Even valid claims of insurance bad faith will fail. They are now huge, mature industries. They no longer need unfair and unjustified immunities. Strong lobbying efforts should end their unconstitutional immunities. The first lawsuit should be for the free labor, and its resulting unjust enrichment, pre-authorizations being for their benefit, that they intentionally forced from doctors, something like $trillion.
6) There is the cost of medical errors, perhaps up to 5%. Every medical error is caused by the lawyer. Instead of thorough investigations and system changes to prevent them, errors are covered up because they will take down the entity when lawyers get a hold of the reports. Such reports are testimony against interest, an exception to the hearsay rule. Every word will be blown up in a poster or Power Point in front of the jury, and read aloud, over and over.
7) There is the retention of incompetent, unethical, and dangerous staff, costing another 5%, because employment lawyers would destroy the place if they were fired.
8) There is more self-care. People are fully capable of learning how to diagnose and treat a higher level of disorders than cuts and colds. Make many non-addictive medications available over the counter, most of which are safer than those available one, in use and in overdose. People should be able to read about the management of a minor, non-lethal ailment, its medication management, then to take a low dose of a medication over the counter. The package insert should be written at the sixth grade level.
9) The biggest untapped mine of medical advance, at no additional cost, is the off label use of many medications. End the draconian punishments for off label promotion by drug companies. And fund a lot of research into exploiting the medication we have now. One person's horrible side effect is another's life saver. Headache patients accidentally died from unknown internal bleeding caused by aspirin. The blood thinning side effect has saved countless heart attack patients.
Get rid of the oppression and plunder of the pestilential land pirate, and health cost would be 50% lower, have higher quality, with errors nearly gone. And, you would have enough money left to buy the uninsured top of the line executive grade health insurance.
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