Jul 16, 2012 | car crash, democrat, Fort Bend County, Harris County, health care, Insurance, obamacare, personal injury, political parties, Texans for Lawsuit Reform, TLR, Tort Reform, trial attorney
There has been a lot of talk and fear about the so called Death Panels which can decide whether a person should be denied life sustaining care even over the objection of the family. It has been vilified as typical of “Obama care”. Texas is leading the country as we have had these “death panels” for over a decade thanks to Tort Reform. I thought it was a bad idea in 1999 and still think it is a bad idea. Essentially it allows the physician or medical facility to determine that life sustaining care is inappropriate. This decision can be over the objection and wishes of the family.
“The physician and the health care facility are not obligated to provide life-sustaining treatment after the 10th day after the written decision…”
“The patient is responsible for any costs incurred in transferring the patient to another facility.”
So imagine that your family member is in a car crash and lapses into a coma and the medical facility decides that there is no benefit to life sustaining treatment (the irony of “life-sustaining” care being of no benefit seems lost on them). The committee (?) determines to end all life-sustaining care and gives you notice. Now you have 10 days to find another facility to agree to accept your family member and if you can find one (after the current one has already decided it is futile {I am sure the economics of care have nothing to do with the decision}) you get to pay for any cost incurred in transferring your loved one. If you don’t agree, you have the option to file a lawsuit to stop them. Do you really think that will be what you are thinking about as your loved one is essentially starving to death as they cut off life support.
The people who supported the law and are now fighting against health care will say, well that is different or just because it is the law doesn’t mean it will happen. Harris County Texas — a patient identified only as “Willie” died after the hospital cut off all nourishment after giving the proper notice. Probably the family didn’t care – wrong they tried to get him transferred but couldn’t find a hospital willing to take him. Well he must not have had insurance – 1st should it matter, but he actually had plenty of coverage, but the let him die. Texas Right to Life spokesperson Elizabeth Graham stated “Willie” was dehydrated and starved to death against the family’s desire (Thanks to Jeffrey Kreisberg). So when you think it will not happen, it already has to someone with a family who wanted to keep him alive and had insurance. As far as I know, no such action has taken place in Fort Bend County, Texas – yet.
In the last election for governor of Texas, Perry was asked about this and he claimed he wasn’t aware of the law and would make it priority to get it overturned.
If you are concerned about “death panels” you should be because if you are in Texas it is not a possibility it is a reality and not because of the liberal democrats, but because of the Texans for Lawsuit Reform (TLR) group. So be mad and take action against those who supported, sponsored and passed the bill. Ask your representative if they are supporter of Texans for Lawsuit Reform and, if so, why they are in favor of these “death panels”. I wonder if they will claim they didn’t know what they were supporting??
Finally, if you support (or know someone who supports) TLR I posted this question on Facebook – “What do you believe needs Reforming?” I really would like some answers to that question.
Feb 8, 2012 | Frivolous, health care, Insurance, obamacare, PETA, political parties, Susan G. Komen, Tort Reform
What to blog about? The requirement of the government to require companies to pay for insurance which is in direct conflict with their religious and moral beliefs, and how it conflicts with the separation of church and state? Planned Parenthood v. Susan G. Komen and change of their policy relating to funding of PP due to a social media backlash. Is that good or bad and doesn’t it really depend upon your perspective? Nope. Done that. Today I will address an issue which should be on the forefront of everyone in America. The slavery of killer whales. Yes. PETA has filed a lawsuit in California (is anyone surprised) claiming that SeaWorld is violating the 13th Amendment of the Constitution by having Killer Whales in their show. For those of you that have forgotten the 13th Amendment abolished slavery stating: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Ok so PETA wants it to apply to animals. I guess that preamble of: “We the people…” kind of slipped by them. So let’s follow this out. First if you are a PETA supporter aren’t you a little upset that some of your money is being used to fund this suit and what happens if PETA were to win? Wouldn’t you have to set free all your pets as they are being kept against their wishes? Wouldn’t the next step be that every animal would have to be set free and every animal killed would result in a murder charge? I am really at a loss to understand the logic here and why the Court did not dismiss it rather than take the arguments under advisement. All that did is give PETA (People Eliciting Tortious Acts) as opposed to PETA (People Eating Tasty Animals) some crazy idea that this has merit. So we now have a situation where a group is claiming that the killer whales are slaves and have rights and there is no social media outcry? Where are all the Planned Parenthood people? Why hasn’t PETA provided funding for PP and not wasted it on crazy cases like this? Is it because the mission statement of PETA and PP are not similar? That can’t be it because PP and Susan G. Komen mission statements are not similar. So where is the social media outcry? Where are the people claiming frivolous lawsuits? Where the heck did my country go? By the way My Party (see earlier post) is firmly against this misuse of the judicial system. What do you think?
Jan 31, 2012 | democrat, health care, obamacare, political parties, Tort Reform, Voting
It’s my party and I’ll blog if I want to. Since I can’t seem to find a party I like, I decided to create my own. I actually had some other names for the party, but the cool ones were already taken, so I decided it is My Party. If you wish to join – you’re in and the name works because it will be your party (wait??- no ok, when it is your party and you tell people about it — you will tell them it is My Party so we are still good!!) Acknowledge your affiliation with My Party by forwarding it to others letting them know about My Party. At some point we may need to have a convention, which will probably consist of a grill and keg and selection of candidates.
My Party Platform
Flat tax everyone pays same. The dollar you earn is the same why not the tax. If you want to pay more great the tax form will have a line for additional contribution.
Pro-life if you don’t want a baby there is a way to avoid it.
Congress — If you pass a law then own it. If you really believe Obamacare is what’s best for the country then it should apply to you.
Obamacare should not require anyone to pay for contraceptives or abortion if they oppose it morally or religious.
Congress — Once you leave congress your salary ends. You’re not working for the country so you shouldn’t be getting paid.
If your title or job description has the title czar in it – it’s over. USA does not equal USSR. We elect not create positions by fiat.
Every agency should have a justification of its job and need.
Tort reform we have it – they are called juries. They hear the evidence and are in the best position to determine what is just –As in justice. An artificial cap on damages only impacts cases which have been shown to be requiring a verdict to correct harm.
No cap on salary if you can earn it through hard work power to you, but don’t be a hypocrite and support tort reform. Either you are for a free market or you aren’t
There is no “the problem was Bush, Obama, etc., etc.” The problem is America’s. Stop whining about what happened and start changing what is happening and what is going to happen. There is plenty of blame to go around so let’s move forward and do what has to be done.
Brent Carpenter – It’s My Party