Tuesday, September 29, 2009

Motion for Summary Dismissal

My case was thrown out of court even though I could prove negligence and harm. I have already gone over the singular problem with getting redress for my assault with grievous bodily harm. Nobody wants to take these cases. apparently GW passed some kind of law making it nearly impossible for us patients to use our civil laws. There is a movement afoot to protect doctors and nurses from prosecution in Katrina type disasters. They were so upset that they got caught giving patients Versed TO KILL THEM BEFORE THE DISASTER STRUCK that they have conned our elected officials into giving them immunity for this kind of murder.

If you are in the health care field, do not bother posting and saying that these kind people were just trying to help. Do not even try to argue that they used Versed and an opioid. Versed alone in sufficient doses will kill you. That's why you have to be trained in airway management before you can inject Versed. In fact Versed is such a potent poison that you can only use the tiniest amounts and even then you must inject it slowly in order not to kill the patient. I don't care how many other drugs can kill people, this one is the worst of the bunch.

Anyway, my case was thrown out because judge Lansing Haynes said I didn't prove "causation." You would think that that meant the my case had no merit and deserved to be thrown out, wouldn't you? Actually it means that judge Haynes gets to sit up there and claim that since you didn't pay an expert witness their 25,000 dollars, that the case has no merit. You can bring in all the proof that you want, x rays, letters, medical reports etc. and it won't do you any good. You have to have deep pockets to get justice in this country. This judge very clearly stated that I am to be held to the highest standard of attorneys, representing myself. ( remember I am just a moron truck driver) The Dr. gets to slide. He is not held to a standard at all. The Dr. isn't held to any procedural deficits in his care, but the truck driver trying to get justice for an attack IS!

I had to sit quietly and listen to the attorney for the defense, Mr. Sestero go on and on about how Ms. Murray ADMITS that the anesthesia provider was not an employee of Dr. M and that Dr. M had no control over him. (the LAW says otherwise) I couldn't believe my ears! Then Mr. Sestero went on about the second Dr.  I saw trying to convince me that the screws had come out of the bone because of this "bone shrinkage" or "settling." The rest of Dr. V's statement was that he hadn't seen the x rays of my arm immediately after the surgery, or from Dr. M's office which clearly showed that this is exactly how Dr. M installed them. There was no change, no shrinkage, no settling. Either Dr. V was deliberately trying to protect Dr. M or more likely (I hope) Dr. V couldn't BELIEVE that another Dr. would be so careless as to install these screws like that.

Judge Haynes didn't allow me to read THE REST of Dr. V'sstatement where he admitted that he had never seen the previous x rays. I asked. There were also many many inaccuracies in my medical records which I was not allowed to address. I guess whatever lies Dr's put down in their reports are gospel. Since when have Dr's never told a lie? Seems to me they lie A LOT!

I was allowed to read the laws which pertain to "informed consent" into the record, along with the laws which clearly state that regardless of the anesthesia nurse not being an employee of Dr. M, that Dr. M IS, BY LAW, IN CHARGE OF THE ANESTHESIA NURSE. I heard Dr. M order Aaron to "put her out." He WAS in charge of the damn arrogant little nurse. It's the law, and apparently not even the attorney for the defense knew the law. You still think that they care? They don't even know the law, and why should they, it didn't matter anyway.

As a small consolation I observed Mr. Sestero making notes as I was reciting the laws in court. I hope he was writing down what I was citing for future reference so that nobody else has to sit there helplessly and listen to the attorney for the defense make their case for them, after the judge has ruled that there is no case. Mr. Sestero by his own testimony in court showed that the laws had been broken and that there was complete ignorance of the law, seemingly even by himself, a "super lawyer." Ignorance of the law isn't a defense for us normal people, but it is for the exalted Dr.s.

Mr. Sestero brought up that my regular Dr. put in my chart that I had been previously diagnosed with PTSD! This was quite a surprise to me. I remember him asking if I had ever heard of PTSD and I said yes I had heard of it. He said that is what was wrong with me now. I never said that I had been diagnosed with this before! It doesn't matter anyway because Dr's are infallible truth tellers. Don't ever take for granted that what is in your chart is true and accurate. You have the right to amend your chart. Take advantage of this and regularly check. In my case the clinic that I go to refused to allow me access to my chart, in violation of the law. Is this just one more law that nobody knows about and nobody enforces? I had to purchase my records or pay for a doctor to go over them with me. They feel it would be too upsetting for an "untrained" person to view their chart, but it's OK as long as I PAY to look at them. I listened to this dumbfounded. How can I ever trust another medical provider?

I brought the skeleton arm with the hardware that my doctor installed as shown in another post, all the x rays, medical reports on how the surgery I had is best performed the way I wanted it with a nerve block instead of with general anesthetic. I brought excerpts from medical journals showing where Dr. M had gone wrong, the proper placement of screws, warnings about revealing possible tendon injury to the patient etc. I brought Dr. V's ENTIRE statement. I brought the medical records from the Dr. that took the implants OUT of my arm, without Versed or general anesthetic. I brought copies of all the laws that were broken by Dr. M and the rest of the staff. I brought copies of the citations from the Idaho Board of Health and Welfare. I wasn't allowed to use any of it. It's PROCEDURE that matters not substance. You either pay somebody tens of thousands of dollars to state the obvious for you or you are out the door.

The attorney for the defense didn't seem to know the law as it pertains to "informed consent" documents. He seemed to have no clue that the alleged informed consent which I had signed was actually not legal. It didn't contain all the things required by law at all. It actually only had the first 3 things, my name, the name of the procedure, and the Dr's name. The whole rest of the document was in violation of patient rights law. Even the way it was obtained was illegal. Did it matter? Hell no. JUDGE HAYNES REVEALS THAT MEDICAL PROVIDERS DO NOT HAVE TO FOLLOW THE LAW, AND IT DOESN'T MATTER IF YOU HAVE BEEN INJURED BY CARELESS ILLEGAL ACTS BY MEDICAL PROFESSIONALS. RES IPSA IS MEANINGLESS! Any questions?

My case for summary dismissal was heard on September 3rd 2009, at 10:00 in Judge Lansing Haynes courtroom at the Kootenai County Courthouse in Coeur D'Alene Idaho. I assume that this is public record and anybody can research it or get a copy. As soon as *I* get a copy I will put it up here.

No comments:

Post a Comment