LD 1435 Reporting "Sentinel Events"

If legislators really cared about us, they'd get rid of the discrimination against plaintiffs in medical malpractice lawsuits instead of simply imposing fines on the medical profession for non-reporting of errors. See the article at the bottom of this page, by Maine Attorney David Very, regarding the 2006 Maine Supreme Court decision Smith v. Hawthorne.

Some of the errors, called Sentinel Events, which hospitals in Maine must report or face fines for not reporting are: operating on the wrong body part, performing the wrong operation, operating on the wrong person, discharging an infant to the wrong person, etc..

http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP051901.asp

This bill gives immunity to a person who in good faith reports a suspected sentinel event or a sentinel event, or expresses regret or an apology to the patient or the patient's family.

This bill increases the civil penalty to no more than $25,000, instead of $5,000, authorizes the division to collect the civil penalty without going to court and gives the health care facility the right to request an administrative hearing to contest the imposition of a penalty.

Hmmm... sounds sort of like a "hush" fee. Gee, imagine if contractors had that option: "Sorry, we built you a ranch instead of a cape. And, oh, we built it on the wrong land, and there's a leak in the roof... we're really sorry. There, now that we've apologized, we don't have to compensate you for our error."

At the public hearing on the bills to increase judicial salaries, which I testified at, I told the judiciary committee that LD 322 was a ridiculous bill; and that they'd look like fools if they voted to pass it. The bill says that Worker's Comp doesn't have to pay for medical errors caused by doctors and hospitals. No dah! Why do we need a bill for that? Because it appears that worker's comp and Mainecare have been footing the bill for doctor errors in Maine!

LD 1345, item 1 - Direct Initiative and People's Veto in danger!

----- Original Message -----

From: Paula J Michaud

To: aftfmaine@gmail.com
Sent: Tuesday, April 28, 2009 3:09 PM
Subject: HP0946, LD 1345, item 1 - Direct Initiative and People's Veto in danger!

http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP094601.asp

Okay, this nonsense must stop! Legislators have "concurred" or agreed to further limit our rights again! They want to increase the number of signatures (current at 10% of total votes for governor in the last held election) which are needed for a Citizen's Initiative or People's Veto. They want us to gather 20% of the total of gubernatorial votes! Are they nuts? They also want to limit the Citizen's Petition (which they call a "Direct Initiative") to "one subject." In fact, they're passing, amending, repealing, and then passing again, so many laws that we should limit them from passing bills without the support of a percentage of the public.

I'm listening to testimony in the Inland Fisheries and Wildlife Committee hearing now... I'm logged in at www.maine.gov/legis. They're discussing opening Sunday hunting in Maine. Someone just mentioned that in the past 32 years this bill or ones similar to it, have come to the legislature 28 times! Polls show that about 75% of the public oppose Sunday hunting. Landowners who open their properties to hunters and others deserve one day a week off, don't they, without risking being shot? They're very generous with the use of their lands, and if we pass Sunday hunting, they could simply close their lands to everyone... even bird watchers.

We need to find a way to limit the bills being proposed. There are way too many; and we need to repeal statutes which are clearly in violation of our rights - like the portion of the Maine Health Security Act which makes prelitigation panels mandatory in medical malpractice case.

In judiciary committee they're discussing LD 1020 - gay marriage. Senator Bliss just mentioned that over 2000 comment sheets were received regarding the bill. There was some noise in the background just now; I believe that a woman was removed from the room. Bliss made a comment: "I'll clear this room." He then said they'd take a 3 minute recess. It's 2:15 as I'm writing. He said again at the beginning of the meeting: "We start the meeting at 1:00 sharp as always." He's being sarcastic; they're always late, by about a 1/2 hour this time.

Okay, committee is back, and Bliss is telling people that the public may NOT speak in these work sessions... that opportunity comes in public hearings held days or weeks earlier, usually. Committee member Joan Nass mentioned that about 90% of emails she received (and she received thousands) were in opposition to the bill and she'd vote against it. Now there goes the chair again, lecturing "I want to make Maine a better place... I have three children," and also "this is all about fairness." So why did he vote "ought not to pass" on LD 491 which would have eliminated discriminatory law? Now he tells the public "I'm a gay man... this is extremely personal to me."

Jarod Crockett opposes LD 1020... so does Joan Nass. Hastings says the bill is not about civil rights, but about the definition of marriage, and he suggests an amendment to it, but to pass it. All others support the bill. Hastings says it will go to referendum no matter what the committee votes... because of the huge amount of public interest.

Paula Michaud

IMPORTANT PETITIONS - PLEASE SIGN!

Petition to get Judicial Accountability Initiative Law (J.A.I.L.) Judges should not be immune for clearly bad decisions.

Petition for Redress of Grievances Addressed to United States Congress, the United States Supreme Court, and President Obama. This covers so much!

Petition to Remove Maine Director of Animal Welfare Norma Worley
John Yates of The American Sporting Dog Alliance wrote a petition and is gathering signatures to boycott Maine if Director Worley isn't removed from her position and if LD 964 passes into law. Signers call Worley's procedures "Draconian."

Petition to Reunite a Mother and Daughter - Missouri Misery Courts and state: are they conspiring against innocent parents?

Email to Maine Judiciary Committee

In an email to the judiciary committee, I wrote:

There are numerous unforeseeable benefits to having a good working judicial system. Imagine how many people would want to move to Maine if we passed judicial accountability law. I think we'd have a population explosion! Again, please draft emergency legislation to get rid of discriminatory laws in Maine, and pass J.A.I.L. to stop the abuse of due process rights in our courts, by judges.

Paula Michaud

Triage nurse ignored patient!

A $3 million settlement in California awarded when medical malpractice resulted in a death. I posted a comment today under the story.

The Cost of Justice

Fees involved in filing lawsuits, including service of process, should not be borne by plaintiffs.

I propose that the cost of "justice" be deferred until after a case is decided. Then, the losing party gets charged the filing fee. Such a system would treat both parties equally, and enhance participation by the courts in the collection process. I've proposed this to Maine's judiciary committee. Parties often have difficulty collecting awards.

Your Civic Duty!

E-mails I've sent to Maine television and radio stations asking them to report about LD 491 have gone unanswered... and some came back undeliverable. I just copied the emails from the 2009 Maine Association of Broadcasters book! You can get a copy of the MAB directory by calling 1-800-664-6221.

You can listen, at maine.gov/legis, to the public hearings held in Augusta. Judges aren't using the discretion they have properly, or aren't applying the law correctly or consistently. Because of this, people are proposing laws in an effort to make judges more responsible. I've asked legislators to reconsider their "ought not to pass" vote on LD 491.

Call legislators and demand reform of our justice system, by passing J.A.I.L. Call the media and ask that they do a story about J.A.I.L.

" Liberty will not descend to a people, a people must raise themselves to Liberty."
~ Emma Goldman

Government Oversight Committee (GOC)

I just opened my snail mail. A letter came from the Maine State Legislature's Office of Program Evaluation and Government Accountability! Beth Ashcroft, the program's director, has acknowledged receiving my request for an investigation of the Committee on Judicial Responsibility and Disability and of the Maine Board of Overseers of the Bar! However, it may be a while before any investigation gets done. Aschroft wrote:

The GOC is currently considering topics for OPEGA's work plan for the next year.

Their telephone number is 287-1901. If you care about our justice system in Maine, you should call and tell them that you support an investigation... prompto!

I also got something from the American Bar Association. They won't help. They say they have no authority over state bar associations. Quoting Frank Brewer at the ABA Service Center:

Ultimate authority for lawyer discipline in each state lies with the supreme court of that state.

Immobile Media

I sent the judiciary committee an email this morning, asking them to reconsider their decision regarding LD 491. I made suggestions for new drafts to address three very important issues: judicial accountability, discriminatory law regarding medical malpractice cases, and UPL laws.

My message to the committee included an attachment which has information regarding the due process rights violations by judges against myself, my son, and a few other individuals in Maine which I have been keeping in touch with. A group called Due Process Defenders submitted summaries of our cases, as well as those of others around the country, to the judiciary committee of our United States Congress! I cc'd the email to the following television stations.

TV WVII 7 and WFVX 22 TV7news@wvii.com Phone: 945-6457
TV WPME-DT 35 info@ourmaine.com Phone: 774-0051
TV WPFO info@myfoxmaine.com Phone: 823-0023
TV WMTW wmtw@wmtw.com Phone: 775-1800
TV WLBZ newscenter2@wlbz.com Phone: 942-4821
TV WGME tvmail@wgme.com Phone: 797-1313
TV WCSH6 wcsh6@wcsh6.com Phone: 828-6666
TV WBGR-33 wbgr33@aol.com Phone: 947-3300
TV WAGM-8 wagmtv@wagmtv.com Phone: 764-4461
TV WABI 5 wabi@wabi.tv Phone: 947-8321