Dr. Body Shop, or, I'm getting sick of listening to physicians whine

Please accept my most sincere apology for foisting those awful puns upon you. I just finished taking the deposition by video-teleconference of an "estimator" at an auto body shop in Houston, TX. Why, you ask, did I take time out of my busy day to depose someone via satellite connection to Texas who estimates the cost of fixing collision damage? Excellent question. Obviously, because he is a defendant in a medical malpractice case. You see, back before both Michigan and Ohio revoked his license, he misdiagnosed my client's emerging stroke and sent him home to fully complete it over the weekend, leaving the poor man in a wheelchair, aphasic and unable to care for himself. So, naturally, you can see why the subject of "special health courts" for medical malpractice cases is something I find irritating. I don't mind if the trendy physician of the moment wants special treatment at the new fancy restaurant or latest spa. Just hand the maitre'd a twenty (or a fifty), and skip to the front of the line. No need to worry about the stares from we little people, as Dr. Trendy will be sucking down a Grey Goose-n-tonic, slurping lobster bisque and munching bruschetta in no time. However, physicians who make serious medical mistakes are really pushing it with their requests for fancy treatment in the courts. On one hand, they spend a great deal of time and money trying to shut the courthouse doors to the rest of us. On the other hand, if they have to be there, they want their own metaphorical bouncer and rope to ensure that they jump to the head of the line, receive favorable treatment, and keep as many of us commoners out as possible. I recently read an editorial by the President of the Michigan State Medical Society in the Detroit News asking for special "health courts" for medical malpractice cases (I can't link to it, because it's no longer there). Apparently, the high pay, the government funding, the status in society, the privilege of saving lives, and the most stingent tort reform laws in the country aren't enough for Michigan doctors. After already changing the law to favor them, they now want special courts that will treat them differently than the regular courts that you and I, other professionals, and businesses go to seeking justice. That leaves me wondering what might happen if all the time, effort and money currently used trying to obtain special treatment in court were instead used to improve the quality of care in our hospitals. You think maybe there would be fewer medical mistakes that result in lawsuits? Yea, I think so, too. I responded to the editorial by writing a letter to the editor. Though the word count requirements are ridiculously low, I think I got the point across. Physicians, heal themselves Dr. Alan M. Mindlin, president of the Michigan State Medical Society, expresses the view that "special health courts" will cure the ills that plague doctors ("Special health courts could heal state's liability costs," March 2). The trouble is, Mindlin ought to be spending his time trying to cure the ills that plague patients: too many medical errors and a medical profession that refuses to adequately police itself. Michigan's tort reform laws actually provide the most savings to the doctors who commit the worst malpractice (and by extension their insurance companies). Cameron Getto Ypsilanti I guess if you give them an inch, they will take a mile. Will the whining ever stop?

A sad day in Ypsilanti

Yesterday, a young girl died suddenly and unexpectedly following track practice at East Middle School. My thoughts and prayers are with her family. The story in the Ann Arbor News is here.

Litigation Crisis - Not

As our fearless leader tries desperately to get something done during what's left of his lame duck presidency, he is turning to the "easy sells" and praying for a victory. Like for example, on the issue of national tort reform. I know, I know, greedy trial lawyers are filing too many frivolous lawsuits and costing us all too much money. Of course I know, I'm one of 'em. Give me just a moment of your time, though. Let's do a reality check, eh? Oakland County, Michigan is the richest county in Michigan. It is also the second most populous, and over 10% of the people in Michigan live there. There are a dozen large medical centers, another 20 smaller hospitals, countless doctors' offices, and thousands upon thousands of doctors living there, treating millions of people from throughout the state. There are 19 full-time Circuit Court judges sitting in Oakland County. From time to time that number goes up as the county hires visiting judges to handle trials. Well, the "litigation crisis" in Michigan resulted in a grand total of 28 medical malpractice verdicts in Oakland County last year. Yep, that's less than 2 per judge for the entire year. The grand total of these verdicts against doctors and hospitals: $4.45 Million (after reduction by the court pursuant to Michigan law). That's just not very much money, folks. In fact, that's about one month of my school district's operating budget, and my school district is not all that large. So, the question is, what litigation crisis? Medmal cases make up a tiny fraction of the cases filed in our courts. Other personal injury cases make up a small fraction as well. You know what the majority of cases in our courts involve? Foreclosures. Landlord/tenant disputes. Unpaid bills. Breached or unfulfilled contracts. Disputes between businesses over money. Workman's liens. Reinstatements of driver's licenses following drunk driving. Insurers suing insurers. Neighborhood associations suing their community members for painting the condo the wrong color. Nobody seems to be making the move to shut these lawsuits down, are they? I was in the Oakland County courthouse today. As I sat in a courtroom packed with attorneys who had filed motions with the court or who were responding to them, I noticed that only two of over 40 cases on the docket involved medical malpractice. How, I ask you, could that possibly be considered a litigation crisis? The simple fact of the matter is that it's not. Don't believe the hype.

The neglected step-siblings of greedy plaintiff's attorneys - greedy defense attorneys

Check out this online "article" from a California defense firm's web site. The article sets forth a roadmap of how to defend even the most indefensible of nursing home cases. To sum up the implications of the article, it pretty much advocates spending as much money as possible to defend the claim. Instead of suggesting that a prudent defense attorney should evaluate the weaknesses of a particular case, perhaps with an eye toward settling it prior to having both sides spend tens of thousands of dollars litigating (thereby saving everyone a boatload of money), the article instructs the defense attorney to go on the offensive, hire a bunch of expensive expert witnesses early (it doesn't mention that this costs a minimum of $2,000 for each expert), and meet with nursing home staff early and often (at an hourly attorney fee of around $250/hour, of course). My personal favorite, "Avoid allowing your clients' own policies and procedures to set the standard of care." In other words, the facility spent money and time going to the trouble of crafting policies and procedures for it's caregivers to follow. They wrote these policies and procedures down in a manual. They trained staff to meticulously abide by them while delivering care. They may have even used this manual to entice a particular patient or patient's family to decide on using the facility. However, when it comes to discussing what should or should not have been done for the patient when the case gets to court, the facility doesn't think it should have to abide by its own rules. Does that sound right to you? My experience suing these facilities is that most nursing home cases are indefensible. In Michigan, nursing homes often represent themselves as facilities that can provide higher quality care for dear ol' mom or dad than other family members can provide at home. These facilities exploit the guilty feelings of family members who are having trouble meeting the burdens of caring for their parents or for disabled family members and still working or maintaining a healthy personal life. But when profits begin to take a hit at these facilities, the first thing to go is the staff to patient ratio. These facilities lay off employees and increase the number of patients handled by each nurse and/or nurse's aide so that they can make more money. Then, when somebody dies because of neglect, their insurers hire expensive, aggressive defense attorneys to keep facts and their own policies out of court. Yet another example of how the high costs of litigation are more often than not the fault of greedy businesses, defense attorneys, and insurers.

Local blogger ypsi~dixit

Local blogger, ypsi~dixit, just took a ride on the teeter-totter with Homeless Dave. No slight intended to other local bloggers, but ypsi~dixit may very well be the best local blog when it comes to the quality, frequency and regularity of posts, its balance in presenting diverse, important, and entertaining issues, and in its thoughtful and respectful regular and occasional commenters and discourse. Though I'm a lurker, I visit her every day. You can read about her teeter-totter ride here. Oh, and by the way, while I'm on the subject of teeter-totter rides, Homeless Dave also rode with a local candidate for State Representative one district over from mine in Ann Arbor, Rebekah Warren, who I am vigorously supporting and who, I respectfully suggest, you should consider supporting, too.

Local blogger featured in Free Press column

Mike Wendland, a Detroit Free Press columnist sometimes cited on my blog, did a column on how people are increasingly gathering their news online. Featured prominently was my neighbor and fellow blogger, Sam Abuelsamid. You can read about him here.

Why it's hard to over-regulate the insurance industry

I'm a big proponent of free-market economics. I think that the vast majority of the time, the market really should decide. However, when it comes to letting people die because it saves us all a little money, I think the market might not always do a good job. Read this, and then come back and answer me a question, if you will. Have you ever turned down a job because you were concerned that you or a family member would be stricken sometime in the future by a deadly illness, and you were concerned that the health insurance coverage might not be adequate? I didn't think so. If you disagree with me please pardon the insult, but anyone who thinks that our current system of employer-provided health insurance is self-regulated by the free market is delusional. We need better oversight of insurance companies, and we need it right now.

I've got a solution to Michigan's fiscal problems: Let's print our own money

Our idiot lawmakers are playing games yet again. I now know why our state's financial condition is such a mess. It's because of our Republican-controlled Legislature in Lansing, which can't seem to solve a problem to save it's life. Over and over again, it's politics before problem solving here in Michigan. To the extent that these jerks are willing to solve problems, they seem to fancy solutions in search of problems rather than the other way around. And if they can benefit their cronies, break a union, or privatize something, thereby flooding the private sector with what public money there is left to give, so much the better. The latest political ploy to curry favor in an election year? Cut the Single Business Tax [SBT]. You can read about it here and here (btw, I was just at Mr. Power's house a couple of weeks ago for an Alma Wheeler Smith fundraiser. He's quite a visionary, interested in actually solving problems). This is a brilliant move for lawmakers, because pretty much everybody thinks SBT should go. They can all go home to run for re-election or help someone else run for re-election touting their records for eliminating the SBT. And the Democratic Governor, Jennifer Granholm, pretty much has to veto it (even though she agrees it should go), which allows them all to say they wanted to cut taxes but the Governor wouldn't let them. Hmmmmm. Why won't the Governor let them, you ask? Because when one tries to point to the alternate funding source for the $2 Billion gap that the state will have to deal with once this tax is gone, all we get is blank stares from our Republican public servants. And that's because nobody has come up with a plan to replace that tax revenue, and the Repubs don't seem to give a crap. Interestingly, despite what may appear to be a considerable downside to repealing this tax, there's really no problem from a political perspective. You see, given Michigan's utterly ridiculous term limits for legislators, the politicians in favor of eliminating this tax won't even be around to have to deal with the fallout later. Yes, our term limits virtually ensure that our lawmakers are mostly amateurs and get no experience making laws until they are about ready to leave the Legislature. Great system, no? Now that's a brilliant political ploy, if I may say so, the likes of which Carl Rove probably couldn't muster. The sad lesson to be learned, however, is that our politicians never seem to learn their lessons. Back in the mid-90s, a constitutional amendment called Proposal A substantially changed the way we fund a great many of our state services. Now, however, since the proposal didn't take into account potential downturns in the economy, interest rate floors not seen in decades, as well as volatility in certain key costs (like energy and health insurance), Michigan is having an awful lot of trouble funding its public schools, community colleges and state universities. Our state is also having trouble keeping many of its cities afloat. So now, in an election year, instead of solving our fiscal problems, our Republican-controlled legislature is seeking to cut taxes further without any notion whatsoever of where or how we will come up with enough cash to retain police officers, firefighters, and teachers, not to mention paying for trash pickup and road improvement. So, when your local politician comes home this summer, ask him or her whether they voted to repeal the SBT. They'll definitely want to talk about it, because it's all they've accomplished all year. If they did vote to repeal it, require them to explain in detail how that revenue will be made up. If they can't, please tell them what a huge disappointment they have been, and do it in a not-so-nice way, if you will. How much longer are we going to let these people let us down and score approximately $80k a year to do it?

Warning: This post contains swear words - please don't turn me in

I guess that now that Howard Stern is on satellite radio, the FCC will have to start clamping down on more mundane providers of content over our airwaves. Like, for example, accidentally saying "shit" on live TV, an experience which will no doubt screw up most American children for life. I'm sure they never hear that crap at home, right? I must admit that I don't watch much TV. Being a full-time trial attorney, an elected member of my local school board, and a single dad pretty much takes up all of my time. I do, though, try and watch CSI and Without a Trace on Thursdays. I don't get to all the time, but I do get to sometimes. Which is why I can't believe that the FCC is attempting to fine CBS more than $3 Million for what they call "teenage boys and girls participating in a sexual orgy." You know, saying it that way seems more salacious than watching the episode on TV, for Pete's sake. I saw the episode (which is on at 10:00 P.M. in my area), and I'm not sure that it was even within sight of the line at which indecency should be drawn. You can read about the fines here. As someone who spends most of my professional time investigating who is to blame when the shit hits the fan, I am confident that if there is someone to blame for such an occurrence, it would be the parents of that child, for their utter and complete failure to supervise them. Their parents would be 100% to blame, with no plausible or reasonable defense available to them for such an unmitigated failure. Certainly not CBS. BTW, am I still allowed to say "shit" on the Internet, or can I be fined for exercising my right to free speech, crass as it may be? Where is the line between poor taste and criminal behavior. I kind of thought it was a rather bright line (before today, anyhow). How about when describing the offending conduct? Can I swear in the interest of setting forth the transgression of another, stepping over the line only when doing so gratuitously? What is totally mind-blowing is the level of violence that passes muster on TV. You can chop a head off (remember the movie Seven?), you can jump off buildings and go splat, and you can shoot people up like in video games. You can simulate autopsies week after week, and it's fine and dandy to the FCC. I find it ironic that the FCC favors the exhibition of cutting up dead bodies for its titillating effect on viewers, but a teenage orgy portrayed in the context of communicating the consequences of irresponsible teenage sexual behavior doesn't. Is it really sound public policy that everything transmitted over our airwaves must be acceptable for a six-year-old to watch? I don't think so. I think it's yet another way in which our government of the people, by the people, and for the people, fails us each and every day. And I'm not seeing any relief in the foreseeable future. A note to our governmental officials at the FCC: If you don't like what's on TV, don't watch it. It's really quite simple. We don't need you defining what is decent and what is indecent for us. For all practical purposes, the people you are supposed to be serving are far better equipped to make that decision. What the heck ever happened to the conservative value of letting the market decide? Sounds to me like our government is afraid of what the market will decide, no? On a final note, I can't be the only one to see the massive irony of a fine of this magnitude after Howard Stern left CBS Radio . . . .

Against the War in Iraq?

Turn yourself in to the proper authorities this Sunday in Ann Arbor. You may even get to star in the videotape likely to be shot by the FBI. Bring the entire family ! Michigan Peaceworks will be taking mugshots of willing participants and delivering them to the U.S. Dept of Homeland Security office in Ann Arbor's federal building. You can read about it here. I must say I kind of liked the slogan on the banner of Michigan Peaceworks: Ann Arbor may be overrated, but clearly not with regard to its commitment to peace and progressive politics. I don't know what we'd do without it . . . .

And now for something completely different . . . .

Attempting to generate a comment debate akin to that of my prior post would be nothing more than an unmitigated exercise in futility (spirituality, vegetarianism and smoking notwithstanding). So, instead, I'll invite you to attend tonight's meeting of the Ypsilanti Board of Education, at 7:00 P.M. at the high school, where we will be discussing stimulating and controversial subjects such as: The Recommendation(s) of the Bus Garage Relocation Committee After you read the agenda here, I hope to see you there.

Pet peeve

I can't be the only person who is totally driven insane by people throwing cigarettes out their car windows, tossing them on the ground and stepping on them, or flicking them into the gutter. On the way to drop off my child today, my car was pelted with no less than three lit cigarettes. Yesteday, while at Bombadill's (which is non-smoking), a couple who was smoking outside both took in long drags, stomped out their butts (leaving them on the ground), and then exhaled after they got into the coffee shop. WTF? I call it litter. Use an f***ing ashtray, people, okay?

Ypsilanti Food Co-op Solar Project

My good friends, Dave and Paula Strenski are committed to encouraging solar power use throughout our community. They don't merely talk about it -- they do it. They obtained a grant from the State of Michigan to install a demonstration photovoltaic system in the amount of $6,000. With help from local persons and businesses, they installed the system in the Ypsilanti Food Co-op, and it is working beautifully right now, even as I write this on a particularly sunny day. You can read Dave and Paula's paper about the project here. You can read more about our wonderful local co-op here and here. Next project: trying to get a grant to do the same thing on a much larger scale somewhere in the school district !

Gordon's Five & Dime

My kids have been going to Gordon's Five & Dime in Depot Town for some time now. I've read about it on local blogs. But until yesteday, I hadn't had a chance to stop by and support a local business. You can bet, I'll be back. It was quite the excellent place to visit. What a delightful store for both children and adults alike! They had wind-up toys, wonderful toys that encourage imagination and dress up, as well as a number of old-time curiosities. Their childrens' book selection was fantastic, as were the chocolate bunnies modeled after Beatrix Potter characters. I think my favorite was the alligator dentist toy that snaps shut (gently) on you when you push on its teeth. My kids loved it, as did I. If you're in the area, stop by. And say "hi" to the proprietor, Mr. Gordon, who was kind enough to introduce himself and show us around.

Experiencing technical difficulties

My good friend, Dave Strenski, designed an LED flashlight some time ago, which is made out of inexpensive PVC pipe. I put a pdf file of the flashlight plans up on my blog over the summer. You may remember it -- maybe not. Well, apparently, an online magazine has linked to it, completely blowing out my bandwith a mere 4 days into the month. Consequently, everything on my blog that is hosted by my provider is inaccessible until I pony up for better hosting. I will try and fix it ASAP. In the meantime, feel free to explore my blogroll on the right and surf some of my friends' blogs instead. UPDATE: Things are now back to normal. Though I've been putting it off, it's time to get my own url and hosting without traffic limits. I'll make the announcement when the move happens, probably some time in the next couple months.

Myself again

Last night, I sat in my front room doing some work that I brought home. CSI was on the television in the background. The girls were asleep upstairs in their beds. I got the distinct feeling for the first time in a long time that I was feeling like my old self once again. I realize that following the events of the past year, I will never be the same person again. I have learned an awful lot about myself, about life, and about what's truly important to me. I realize that my life holds a certain degree of uncertainty, a number of likely ups and downs, and plenty of difficult challenges in the future. Notwithstanding, I'm happy to say that I feel things are finally returning to normal. I am motivated to do a great many things again. I tend to be happy much of the time. I'm sleeping through the night regularly. I'm enjoying my time with my children, and they seem to be enjoying their time with me. I'm dating a wonderful woman who I truly look forward to seeing or speaking with each day. I think I can say with a certain measure of confidence that I am my old self again. Things are seeming normal. And, come what may, I know everthing is going to be all right. Thank you my dear blog friends, my good friends off-blog, and everyone else for your kindness, your support, and your friendship. I doubt I'd be where I am right now, feeling so good about things without all your help. Have a wonderful weekend :)

Paul Reed Smith making Singlecut guitars again

Being an attorney, I can appreciate that some lawsuits may on the surface appear frivolous, but when you dig a bit deeper, the facts bear out a bit more substance. Every once in a while, what looks like a frivolous lawsuit actually is a frivolous lawsuit. A few years ago, Gibson Guitars, the maker of the legendary Les Paul (of which I have a tattoo), sued Paul Reed Smith Guitars (PRS) alleging trademark infringement. When I heard about this lawsuit, I thought to myself, "Self, that's a frivolous lawsuit. There's no way Gibson can win." Well, a few months later, they won. The judge in the case entered an injunction preventing PRS from making any more Singlecut guitars. So they stopped making them. Much to Gibson's chagrin, the instruments (far superior to Gibson Les Paul guitars) became coveted collector's items, and the price of used Singlecuts skyrocketed. In January of this year, PRS won their appeal of the judge's decision. The only option open to Gibson is to appeal to SCOTUS, but it is unlikely that SCOTUS would accept the appeal. This means that PRS can make their wonderful, beautiful, world-class Singlecuts again. Thank goodness both that they can make them, and that I was right ! ;) Now, I love a Gibson Les Paul as much as the next guy. It's a beautiful, well-made, great-sounding instrument. It comes in many, many varieties, ranging in price from about $1000 to several thousand dollars. Here are a couple Les Pauls: PRS's guitars don't really share any true similarities, except the body shape. Since guitar body shapes are universals, I never thought anyone could credibly lay claim to a trademark. Apparently, I was wrong. Here is a PRS above. Note the key differences in the headstock, switch design/appearance, inlays on the fretboard, the curve of the carved top, and one-piece stoptail design. It's hard to see on the picture, but there is a scoop carved out of the body cutaway. The heel on the back of the guitar is different, too, as is the neck width and radius. I guarantee you, there isn't a guitarist in the universe who can't tell the difference between these two instruments. (Frankly, I think most guitarists can not only tell the difference, but like PRS's better.) And since it is guitarists who buy them, I couldn't believe that Gibson sued. I think Gibson was ticked off because PRS made a better instrument than they did. Instead of suing, they should have simply improved their instrument. Frankly, I thought that was what competition was all about. I do know that if I had a choice, Les Paul or PRS, the PRS would win hands down every single time.