Thursday, August 13, 2009

This will make your jaw drop!

I thought I'd post a case which I found while researching certain portions of the Maine Health Security Act (MHSA). It's Pease v. Kester. The judge in this case who let the doctor off the hook is Judge Marden; he's the judge who affirmed a decision in one of our cases. He's also the judge who denied Dennis Dechaine's motion for post-conviction review after DNA test results proved his DNA did not match the DNA found on the murder victim; that DNA, which is believed to belong to the killer, has yet to be identified.

Here's a link to the Maine Supreme Court decision which affirmed the Superior Court decision by Judge Don Marden in Pease v. Kester, dismissing the rape victim's claim... saying it was governed by the MHSA... provisions of the Act, make it near impossible to get your case to trial. The doctor hid behind the laws governing medical malpractice; but was this a medical malpractice case? The operation was obviously a success!

Here's a link to Dan Clement's show, where you can access a summary of the case in a conference call on 8-13-09. No case better illustrates why we need healthcare reform, judicial accountability, and tort reform than does Pease v. Kester. Well, my son's case Aaron Michaud v. Blue Hill Memorial et al makes the point quite well also... his was one of an obvious medical misdiagnosis. Justice Ellen Gorman granted summary judgment to defendants after they admitted a valid claim existed to defend against... preventing us from getting to trial.

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