Legal Developments Big And Small

Two interesting legal developments today pertinent to medicine.

First (hat tip to Guarino), the AAPS (Association of Amercian Physicians & Surgeons) has filed a lawsuit in Federal Court in D.C. to overturn the new healthcare bill.

Second, from the Washington Post, the Supreme Court on Tuesday placed limits on existing whistleblower lawsuits alleging local governments misused federal money, in a decision that produced newcomer Sonia Sotomayor's first dissenting opinion.

Interestingly enough, I'm indifferent about the Supreme Court's action. Despite a few "jack-pot" awards to doctors, the False Claims Act is notoriously difficult for most mere mortal whistleblowers to successfully navigate. It's a fact that I parted ways with the Semmelweis Society several years ago because of the new leadership's obsession with "Qui Tam" lawsuits . . . as opposed to using the egregious cases & examples from the military & public service alumnae amongst the organization's ranks to lobby Congress for real reform that specifically defined and punished adverse actions against medical whistle-blowers . . .

. . . which is the kind of litigation I am working to fashion now . . . just a straight-out lawsuit that says to the the state/Federal governments, Medical Board and JCAHO, "You require this (past/present/future tense) of doctors. But you don't do ANYTHING to protect or defend doctors when they do their duty. In fact, you feed them to the wolves."

Actually, there is a third development. A little bit closer to home. In the cyber-stalking case. I was notified yesterday that Judge Michael Sabiston refused a request by the Randolph County DA's office (made on Monday) to accommodate my call schedule . . . this despite a letter to the DA's office sent in February (long before the current Court date was scheduled), and the defendant having gotten every extension he wanted.

My lawyerly and pseudo-lawyerly friends were not surprised by this development, " Many victims of crimes feel like they are victimized all over again by the system . . . The Court DOES NOT CARE about you or your patients . . . (you/they are) a bug on the windshield".

Of course, after the twelve-year cluster-screw, I knew that.

I've notified the hospital where I work of the Court date, and the need for the time off.