Tag Archives: healthcare

Healthcare is a right

Heath care is a right that should be available to all Americans, not a privilege enjoyed just by those who can afford to pay ever-increasing premiums.

I am proud to be one of the 219 Democrats who voted for President Obama’s landmark comprehensive health care reform, which, among many other things, prevents insurance companies from denying coverage to millions of Americans with a pre-existing condition. It was a moment over 70 years in the making and I am proud that the President and our strong progressive majority in Congress got the job done.

Our recent success on health care gives me hope that a burden has been lifted from our children and grandchildren. I understand the challenges involved in finding coverage for a loved one who has been denied coverage — as my son was.

Please watch this short video of me discussing the health care reform bill and share it with your friends and family.

There is more to do to reduce costs and make health care affordable for all Americans. I’m disappointed that my language to save seniors millions in drug costs by repealing the Bush era prohibition against direct negotiation with pharmaceutical firms under Medicare was stricken from the final bill.

I also support giving Americans safe access to prescription drugs produced in other countries where prices are substantially lower. I want to allow doctors to post prescriptions online where pharmacists would bid to fill them at the lowest price, and I want to increase the number of nurses and primary care physicians across the country.

Sincerely,

Jane  

1000 Hospital Workers Stick With SEIU-UHW

Barely one week after a federal jury unanimously found NUHW, Rosselli, Lewis, and the other defendants liable to UHW for over $1.5 million, following a two week trial that exposed their corruption and deceit, NUHW is dealt another devastating blow. By withdrawing from the NLRB election at St. Francis Hospital in Lynwood, California, NUHW only sped up by a few days what would have been the inevitable result – another win for workers represented by SEIU-UHW!

No matter how hard Rosselli’s propaganda machine tries to hide it, each day that passes by reveals that NUHW is losing steam, and after 15 months of having gained NOTHING for even a single healthcare worker in California, these “union reformers'” sole achievement has been discrediting their short lived experiment and “leaving their honor behind.”

The hardworking members at St. Francis have reclaimed their hospital and can now return to doing what they do best, taking care of the sick. We, your brothers and sisters in the Daughters of Charity network of hospitals, working in the other facilities congratulate you! We too look forward to reclaiming our facilities, returning to normal, and finally being liberated from the unnecessary distractions that have tried to hurt us this past year. See you at the same bargaining table in 2012!

 

Day 9 of the NUHW trial: Sal in the Hot Seat

Attorneys representing the 150,000 California healthcare workers represented by SEIU-UHW against Sal Rosselli and NUHW did such a great job laying a solid foundation for our case that it has the lawyers for Rosselli and the 27 other alleged conspirators scrambling for cover. It seems like the only highlight of the day for them is 12:59 pm, when the trial ends for the day. Earlier this week, I overheard a conversation in the hallway where one of their staffers mentioned how the plaintiff’s allotted time was running short, while Rosselli, Borsos and others had over three hundred more minutes than us (each side was given 18 hours to put on their case). As of today however, only ninety minutes separate the two sides, and they still have over twenty more defendants to take the stand in their defense. Add to that, an array of “character witnesses” made up of politicians whose campaigns have at one time or another benefited from Sal and company. 😉

Sal In The Hot Seat

If Rosselli took comfort in his lawyer’s soft and cozy direct examination, Mr. Kohlman gave him a rude awakening. With the very first question he began to grill the witness.

Yesterday, when asked why contract extensions at several nursing homes were canceled just days before the trusteeship, he replied that he had no knowledge that defendant Vellardita did that. He went on to acknowledge that the trustee had the legal authority to access the union’s offices and assets in order to service the members. He also acknowledged the duties and responsibilities he had to uphold the constitutions of UHW and SEIU. Among those duties were not just to comply with the decision of the International Executive Board, but to also ensure an orderly transition of authority to the trustees. He failed in both these instances. From the stand he admitted that while he was aware of the mob attacks on the offices in Alameda and LA, and that they were led by members of his senior staff, he did nothing. He also admitted that he was aware that members and staff were squatting overnight at UHW offices throughout the state and that they had chained and padlocked the doors shut (fire hazard), but he did nothing. And that he knew those inside were given the deed to the offices and expenses for these “sleepovers” were paid by our dues monies, he still did nothing. Nothing was more disturbing to hear than when he was asked if it was inappropriate for union officers or employees to keep our personal information in databases outside of our union, and he said “…hmm, I’m not sure about that.”

Go Gary Go!

Once again today , Kohlman delivered. Yesterday Rosselli testified that he knew what was going on, and today he couldn’t seem to recall much – he can’t remember meetings, memos, lists, phone calls, people, places or things. He wasn’t sure if he got a memo from Laura Kurrie instructing senior staff on talking points for the bogus outside fund they put $3 million of our money into (the PEF) in case the International asked. He wasn’t sure what John Borsos would tell a crowd of hand-picked members in a January 24, 2009 mega meeting. Heck, he couldn’t recall how the members at those meetings were selected to attend (they were assessed as loyal to him and most receptive to his message.) He can’t recall who ordered the UHW data base to be scrambled. He can’t recall what happened at a December 6, 2009 meeting he attended where work plans for creating a new union were being worked out. He can’t recall if his special assistant Dan Martin set up an office in his home with a computer system that could access the UHW mainframe without the IT department even knowing.

He can’t recall receiving an e-mail with an attachment that had a membership list of over 20,000 Kaiser workers, but remembers not opening it. He can’t recall if he read a letter to SEIU President Andy Stern trying to reach out and resolve differences. Clearly, this witness was very uncomfortable today; he fidgeted in his chair and coughed after every question as if trying to buy time to find some answer.

“Stay The F*** Out!”

When he first approached the stand, former union rep from the hospital division, Andy Reid, looked like a boy scout from a time long gone by. He spoke of the ideals and passion that brought him to UHW, collaborative efforts, and how the union is bigger than any one person. But that didn’t last long. When confronted with a memo he received from Barbara Lewis telling him to instruct stewards to tell new incoming staff to “Get the F*** out!” his demons just had to come out. In a loud voice for the judge, jury and all to hear, he blurted out “They should get the F*** out of my hospital!!!” He then explained how he recruited followers to sleep at the San Jose office to resist the trusteeship.

NUHW Witness Verifies Key SEIU Testimony

She must have thought she was being slick or just plain cute, but Beverly Griffith only ended up corroborating a key element of the SEIU case. The former steward from Alta Bates in Oakland and as of today, an NUHW staff member, testified how she “led” the mob of 50-60 rioters that attacked the Alameda SEIU office on January 20, 2009. When they were greeted at the door by the security guard, she told them “We’re coming in!” Then she and the others started to push their way in. She acknowledged the guard being shoved to the ground as the mob made its way in, “I just jumped over him” Griffith told the jury. She then began to “have conversations” with the workers, ordering them to “Go back to Washington D.C. (even though most were not from D.C.), you opened a Pandora’s box and it will not close!” As Rasheda Anthony told last week how defendant Goldstein tried to snatch confidential documents out of her hand, and defendant Krystal shoved her into a desk, Griffith, testified that they were present at the altercation. She also told the jury how this was not the first time she was violent at union activities.

Don’t Sue President Obama

This week we celebrate President Obama’s signing of landmark health care reform legislation into law. Thanks to this historic bill, 32 million Americans will gain access to health insurance, health care will become more affordable, and no American will ever again be denied coverage when they get sick or because of pre-existing conditions.

But before the ink was even dry on President Obama’s signature, the attorneys general of 13 states — led by Florida Republican AG Bill McCollum, trying to score political points in his campaign for governor — immediately filed a lawsuit to try to block the new law in the courts. One of my Republican opponents, Tom Harman, is even encouraging current California Attorney General Jerry Brown to join them.

This is the ultimate frivolous lawsuit, brought to you by the GOP — the party of “NO” — and we can’t let them stand in the way of progress.



Sign my petition to Florida Attorney General Bill McCollum and these 12 other AGs today — and urge them to drop their lawsuit against the historic health care reform bill!

As California’s next Attorney General, I will always fight to put the people’s interests first, not the special interests or any narrow partisan political interest.

California stands to gain tremendously from health care reform. Of the 32 million Americans who will get health coverage under the bill, as many of 7 million of them will be Californians, and everyone in our state will gain more security and stability in their health insurance coverage.

That’s why I will do everything in my power as California Attorney General to defeat efforts to repeal or overturn this critical health care legislation.

And we can start, today, by urging these Republican attorneys general to drop their frivolous lawsuit against the new health care bill.



Sign my petition to Florida Attorney General Bill McCollum and these 12 other AGs today — and urge them to drop their lawsuit against the historic health care reform bill!

Do you want the attorneys general from Florida, South Carolina, Nebraska, Texas, Utah, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho, Louisiana, and South Dakota telling Californians that they can’t have health care reform?

I don’t.

The people of California want and deserve the benefits of health care reform. Please join me in speaking out today, and urging these attorneys general to drop their frivolous lawsuit.

Thanks.

Healthcare Reform- Truth vs. Politics

Lately, interviews concerning healthcare reform have been plastering the news with droning answers that seem to always slip into over-complicated political jargon. In an interview on Fox 5 San Diego, Francine Busby and Brian Bilbray weighed in on the effect of healthcare reform.  The two candidates running for the seat in California’s 50th district have competing views of what needs to be done to pass healthcare reform.  Francine Busby, addressed the problem head on, and put forth a solution with a fresh display of knowhow and vision.  Busby focused on what needs to be done to make healthcare reform relevant to families around the dining room table here in San Diego, rather than the compromising table in Washington.  Busby is in support of passing this healthcare reform bill to help the 108,000 uninsured people in her district obtain health insurance.  She is willing to do what it takes to make sure the issues relate to the American people and not the American bureaucracy.

Brian Bilbray’s comments were all about POLITICS.  When asked about the votes needed to pass the bill, Bilbray pinned the blame on the Democrats, their 40-vote majority and lack of bipartisan cooperation, but the moderator did not let him get very far.  He claimed that the Democrats are not including the Republicans enough on negotiations, and are strictly going after their own votes.  But in reality, when was the last time a President has put together a healthcare summit with both parties present for discussion?  Never.  President Obama’s actions have exceeded any prior attempt at a bipartisan agreement on a bill.  Then I still ask myself, why has there been no compromise?  The answer that Bilbray poses is: politics.

The moderator further expressed her disgust with the Republican’s political games when she said, “You guys are going to lose those votes anyways. You are going to lose at the polls, because people are sick of it Congressman. People are really fed up and tired of all the politics.”  This Fox Network moderator conveyed the distrust and disgust that the people of America truly have for this broken system of governance.  The American people want healthcare reform.  They want cheaper insurance premiums.  They want a choice! Republicans are playing election games instead of doing their job, which the American people have to remind them of.  Stop the political nonsense and pass a bill that will help Americans.

The Republicans, including Bilbray, are focused on the midterm elections in November rather than what is right for the country.  Brian Bilbray simply refused to answer the question about how he was going to help the 46 million uninsured Americans. For Bilbray, denying healthcare reform is a political victory for the GOP.  Bilbray tiptoed around the issues and reinforced the fact that Republicans are playing politics and using buzzwords in attempt to win elections.  The moderator showed more exasperation with Bilbray by saying, “This is frustrating.”  Then she promptly ended the interview.  I agree with her.  The California 50th Congressional District deserves better than a question dodger.  They deserve someone who will help healthcare reform pass and help them get what they need.  The Republican’s “No First,” mentality has lasted too long.  The only way things will change is if we fill our government with people that are dedicated to making things better for the American people. Francine Busby is one of these people.  Please Congressman Bilbray, no more politics in this healthcare bill: just results.

http://www.fox5sandiego.com/vi…

Health care: Why not the best?

Healthcare is a basic human right. The current healthcare system in America is dysfunctional and expensive. The bill that will pass in DC, eventually, will at best point in the direction of the need to make further changes, but most probably it will be the last time healthcare is tackled at the national level for quite a while.

We know that a Single Payer system is by far the best because it pays for itself by cutting down administrative costs to about 3%. And we understand that by allowing a government run insurance company to negotiate with pharmaceutical companies the cost of medicines will be reduced dramatically. In California these two items account for about 50% of all costs.

Single Payer Senate Bill 810 has a chance of becoming a reality in the most populous State. It is being discussed in the California Assembly as we speak.

When this happens other states may follow. And then we will all have healthcare at reasonable costs while maintaining the same quality of a privately run healthcare provider system paid by health insurance managed by the government.

Most Americans support this once they understand how it works.

Below I explain how you can help make SB 810 a reality and prevent thousands of unnecessary deaths.

First some basic points about SB 810 a.k.a. California Health Insurance Reliability Act (CHIRA);

   SB 810 (Leno), the California Health Insurance Reliability Act, (CHIRA), would provide fiscally sound, affordable health insurance coverage to all Californians, provide every Californian the right to choose his or her own physician and control health cost inflation.

   Reliable Coverage: Eligibility is based on residency, instead of on employment or income. Under CHIRA, all residents are covered. No California resident will ever again lose his or her health insurance because of unaffordable insurance premiums, or because he or she changes or loses a job, or goes to or graduates from college or has a pre-existing medical condition.

   Affordable: The plan involves NO NEW SPENDING on health care. The system will be paid for by federal, state and county monies already being spent on health care and by affordable insurance premiums that replace all premiums, deductibles, out-of-pocket payments and co-pays now paid by employers and consumers.

   Efficient: CHIRA eliminates waste by consolidating the functions of many insurance companies into one comprehensive insurance plan, saving the state and consumers billions of dollars each year. Currently it’s estimated that half of every dollar spent on health care is squandered on clinical and administrative waste, insurance company profits, and overpriced pharmaceuticals. CHIRA is based on a model that has been estimated to save California about $20 billion through reduced administrative costs in the first year alone.

   Under CHIRA, California will use its huge purchasing power to buy prescription drugs and durable medical equipment in bulk. CHIRA is the sole health reform that enables California to use its full purchasing power to negotiate the deepest savings. It has been estimated that this model of systemwide bulk purchasing could save California $5.2 billion in the first year .

   Most importantly, CHIRA will make our health care system more reliable and secure by stabilizing the growth in health spending; linking spending increases to state GDP and population growth, employment rates and other relevant demographic indicators. CHIRA will combine needed cost controls with medical standards that use the best available medical science, and place an emphasis on preventative and primary care to improve California’s overall health in a way that also saves billions of dollars.

   High Quality: Under CHIRA, consumers have total freedom to choose their personal primary care provider. Health care providers and facilities will receive fair reimbursement for all covered services they provide. CHIRA utilizes proven financial incentives that support the delivery of high quality care, including bonuses for providers working in rural or under-served areas. The plan invests in needed health care infrastructure such as electronic claims and reimbursement systems and statewide medical databases that improve health care quality .

   Benefits: Coverage includes all care prescribed by a patient’s health care provider that meets accepted standards of care and practice. Specifically, coverage includes hospital, medical, surgical, and mental health; dental and vision care; prescription drugs and medical equipment, such as hearing aids; emergency care including ambulance; skilled nursing care after hospitalization; substance abuse recovery programs; health education and translation services, including services for those with hearing and vision impairments; transportation needed to access covered services, diagnostic testing; and hospice care.

   CHIRA offers California a broad and clear vision for a remodeled health care system that will provide high quality I affordable and reliable health care for all residents.

SB 810 started 5 years ago as SB 840 sponsored by Senator Sheila Kuehl, and it was vetoed twice by Schwarzenegger. Now supported by Senator Mark Leno, it is the most vetted, polished and researched healthcare reform bill anywhere and California OneCare and its supporting organizations have are putting into effect a very elaborate three year plan to inform the public and support the passage. It does involve electing a Governor that supports the bill next November, but that is a whole other story.

The bill itself is not difficult to read. No need to be wonkish to understand it.

SB 810

It essentially establishes a government run health insurance company.  Good bye and good riddance to all current expensive and dysfunctional private insurance companies.

     140000.  There is hereby established in state government the

   California Healthcare System, which shall be administered by the

   California Healthcare Agency, an independent agency under the control

   of the Healthcare Commissioner.

     140000.6.  No health care service plan contract or health

   insurance policy, except for the California Healthcare System plan,

   may be sold in California for services provided by the system.

How you can help;

Vote for California OneCare at Change.org.  If it wins in the healthcare category it will get a lot of visibility.

If you are a healthcare and or a California blogger, please help get the word out.

You can also join California OneCare or at least join its newly activated Facebook page.

Together we can do it!

Not strictly a California issue

But I’m too furious to care right now.

What’s next? Berkeley for Poizner? SF for Whitman?

What the hell is up with the left flank on the east coast?

Massachusetts: Where they love Ted Kennedy, but are fine with pissing away everything he fought for.

Courageous Deputy Field Organizers Lead California

I’m at a beautiful retreat house on a hilltop in the mountains north of San Luis Obispo as thirty volunteers led by Courage Campaign’s brilliant field team learn the skills to be community organizers. The spirit and energy in the room outshine the magnificent California countryside.

Every four years, California exports labor and capital for presidential campaigns. I witnessed that firsthand as chair of Howard Dean’s presidential campaign here in California when, in 2003/4, we sent hundreds of people to Iowa, New Mexico and Arizona to fight in the early primaries. And we raised millions online from California to make Howard Dean the voice that forever changed the Democratic Party. But then what?

We did it again in 2008 with the Obama Campaign. California exported tens of millions of dollars (maybe hundreds of millions) for the Clinton and Obama campaigns. Thousands of Californians went to Nevada to turn that state blue, to Florida and Pennsylvania and even Montana. Some 60% (maybe more) of the telephone calls to voters were made from California so that volunteers in those other states could actually meet with the right voters.

But no one from Oakland went to Fresno. And no one from West LA went to San Bernardino. No phone calls were made to the Imperial Valley. No money was spent on building infrastructure or focusing progressive messages on the conservative parts of our state. And not one penny was spent bringing people together to figure out why our state is broken, much less how to fix it.

The folks in this room today are here to change that. These nearly three dozen volunteers applied for the position of Deputy Field Organizer. They are from all over the state. Born of the post-Prop. 8 wake up call, Cole from Humboldt, Erin from Glendale, Matthew from San Francisco, Sara Beth from San Diego and a couple of dozen more like them are here because they know that they are leaders who can change their own communities.

Sarah Callahan, the incredibly skilled and experienced Courage COO, is right now teaching the team how to create a stakeholder analysis, what to do with that analysis and how to organize around that understanding. Earlier in the day, everyone broke into teams to learn their own story of self and then how to teach the story of self for organizers.

Most people came to this energizing space because of marriage equality and LGBT rights, but all want to work to assure that we have universal health care, affordable education and good jobs. On my ride up here, I listened to NPR (of course). The news is not great. The wars in Pakistan, Afghanistan and Iraq are sapping our nation’s resources. The financial system continues to reward the few at the top, while jobs remain far fewer than willing workers. Houses once at the heart of the California and American dreams stand empty because former owners can’t make ends meet.

In the meantime, the health insurance companies dump hundreds of millions of dollars of premium fees into ads designed to protect and enhance their profits by thwarting reform. Climate change, full equality for LGBT people, immigration and education reform are not even really on the agenda yet.

But there’s only room for optimism. The movement that put Obama into office is growing. It demands progress and it is organizing itself right here in Bradley, California and across our country. The leadership of the movement in many ways comes from the LGBT community. We’ll win marriage equality and full equality as we build a progressive state–and nation–for all of us.

Now that’s Courage.

(Cross-posted at Courage Campaign)

Governator Terminates IHSS for Those in Need

Gov. Schwarzenegger’s budget butchery cuts services from IHSS recipients.  After November 1, 2009, people with an overall functional index score below 2 will no longer qualify for IHSS.  People who receive a functional index ranking below 4 for any domestic service will no longer receive that particular service.

Functional index ranking is how the county determines the level of needs people have.  As part of the assessment for services, the county determines the person’s ability to complete certain tasks, such as housework, laundry, shopping and errands, meal preparation and cleanup, eating, bathing and grooming.  Also they assess the person’s control over respiration, memory, bowel, bladder, orientation and judgment.

Now, in addition to assessing need, the “functional ranking system” is being used to take away services from the people that need them.  Let’s take, for example, an individual who has a “3” ranking for sweeping floors, a “4” for changing bed linens, and a “5” for cleaning bathrooms.  Under the new law, the individual would no longer receive service for sweeping floors because the ranking for this service is “3” and therefore too low.  The individual would continue to receive service for changing bed linens and cleaning bathrooms.  

There is also a “functional index score” (as opposed to the functional ranking index just mentioned) which is now being used as a line drawn to sever services from those who need them.  After a social worker assesses a person’s needs, the county gives a “functional index rank from “1” to “6” for each of the tasks.  This ranking is then averaged out.  The result is called the “functional index score.”  Effective November 1, 2009, the new law eliminates IHSS services entirely for individuals with a functional index score below level 2.    

On October 1, 2009, Disability Rights California and other organizations filed a lawsuit to stop these cuts.  We are hopeful and hard at work to reverse this dark ideology as soon as possible.  

This narrow vision couldn’t come at a worse time.  At a time when the State should be preparing for growth nothing is being done to prepare for the exponential rate of growth in the populations of people who rely on these services to live from day to day.  Instead of alleviating the pressures that the future burdens us with, the Governor shoots holes in the bucket that he asks us to fill.

However, we are happy to say that persons who receive protective supervision or paramedical services will not have their IHSS services cut regardless of their function index rankings or score.

Tort Deform is Not a Solution, It Is a Tragedy

In President Obama’s speech, he threw a bone to the Right. Basically, he said that hew would be willing to follow up on some of W’s plans for experimental programs of limiting malpractice claims and adjusting insurance.  Since then (and before) he has said that he doesn’t think it will be a significant controller of costs.  And on that he’s right.

MedMal Line Graph

One of the principal myths surrounding medical malpractice is its effect on overall health care costs. Medical malpractice is actually a tiny percentage of health care costs, in part because medical malpractice claims are far less frequent than many people believe.

According to the Congressional Budget Office, malpractice costs amount to “less than 2 percent of overall health care spending. Thus, even a reduction of 25 percent to 30 percent in malpractice costs would lower health care costs by only about 0.4 percent to 0.5 percent, and the likely effect on health insurance premiums would be comparably small.”

MedMal Pie ChartI’ll go farther than the AAJ. Not only is it not medical malpractice law that is raising health care costs, it has actually far less than the CBO estimates.  You can see that costs are actually somewhat decreasing from the line chart up top (full PDF where I got these here), and the pie chart shows that medical malpractice premiums account for less than 1% of health care costs.

There are two reasons why Republicans love this stuff, neither of which have anything to do with the doctors “practicing their love“.  They are simply allies of convenience.  First, attorneys who represent victims of malpractice have traditionally been solid Democrats, and not just the voting kind, but also the giving great sums of money kind.  The Texas Democratic Party had become reliant on this money when Bush became governor by defeating Ann Richards. Trial Attorneys had been good friends of Richards, so taking on the trial attorneys in Texas made a great deal of sense for Bush. He was picking a fight with a group that had opposed him.

The other reason? Malpractice is bad for the bottom line of some big Republican donors. The American Medical Association has long aligned themselves with the Republicans, as have the corporations affected by tort law in general.  Medical malpractice reform has to be considered in the more general frame of tort reform

But as they say, as goes California, so goes the nation. And California led the nation in tort deform  Back in the 1970s, California enacted a bunch of legislation capping recoveries and generally limiting tort recoveries.  It was a defendant’s dream, and the big corporations who typically get sued a lot were right behind it pushing it along.

In the med-mal area, recoveries were limited to $250,000 of non-economic damages by the Medical Injury Compensation Reform Act (MICRA)  in 1975. Any damages that could not be proved up were thus capped, with no adjustment for inflation.  So, for example, a chid’s earning potential, as viewed by the law, is essentially zero, as they cannot be “proved.”  Even if the kid is singing in the womb, reading Shakespeare at age 2, and performing calculus at age 6, the damages for a lost child are too “speculative.” And thus any damages given to the kin of a child who was lost due to malpractice were non-economic and capped at $250,000.

That number hasn’t changed since 1975, and while it might have been possible for an attorney to make a decent living in 1975 at $250,000 per case, that is not the case today.  First there is inflation: $250,000 in 1975 is worth nearly a million today.  But even beyond inflation, trial costs are much higher today.  Expert witnesses now get astounding ($500-$1,000/hr) pay, and judges and juries now require more of this kind of testimony. Trials are very, very expensive.

And now, very few attorneys can afford to take these cases.  Even heartbreaking ones where families are left with nothing but a semblance of a shrine (Photo: Noah Berger / Chronicle):

Wayne Volkmuth learned what a “250 case” was while conducting research shortly after the loss of his 7-year-old son, Ryan, who died three years ago during a dental procedure at a Palo Alto clinic.

The “250” refers to $250,000, the most Volkmuth could recover in a medical malpractice claim over his disabled son’s death, a limit set 34 years ago by California’s landmark medical malpractice law. It’s also the reason his case was turned down by most of the dozen medical malpractice attorneys he and his wife consulted. (SF Chronicle 9/21/2009)

Insurance companies know how this works. They ssimply delay and delay, until any attorney who was willing to take the case figures out that the case is going to be a money loser.  And the result is this: the needless deaths of children and the elderly with no recourse whatsoever.

MICRA needs reform. At the very least, it needs to be adjusted for inflation.  But more than that, we need to restore the balance between the tort deform lobby and consumers.  Corporations and those with the biggest lobbying warchests win these fights, with stories like this as the end result.  Consumers are the ones who get screwed every time.  It is time to demand more from our legislators, both in Sacramento and DC.  Do not kowtow to those who simply waive cash. You represent the people, not the lobbyists. (See also ChangeCongress.org)