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Borderline
on the NET |
 BigPat - email to the
Governator (again) |
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Subject: You have some
BAD Davis legislation to undo!
From: Patrick Martin <bdrline07@socal.rr.com> Date: 23 Oct 2005 11:47 AM To: Governor Arnold Schwarzenegger <governor@governor.ca.gov> Dear Governator; This one requires your attention, please. I had a doctor then at Holy Cross Hospital that almost killed me back in '91-'92. It took me a year to pretty well recover from that bad experience, only to discover I obtained hepatitis C during this big mess (70+ pints of blood, 1+ month daily dialysis)... Initially, it was too complex and not enough documented, for me to file a malpractice suit. I would need witnesses in addition to all the medical records I had. I dropped my case back in '93. Though I did look into it, and had some quality representation. In 2002 I was notified I had hepatitis C, a liver disease that can kill, and I know well this happened in my Holy Cross Hospital MISadventure, as I donated blood regularly from 1970 to 1990, and never had any notification that there was a problem with my blood, my O positive was always happily received... Instead of looking into filing a suit this time, I really wanted this doctor on drugs: Name Type Number ... simply removed from practice, so he didn't have the opportunity to do this to another patient... So I took all I had to our CA Medical Board, only to get any investigation declined due to some BAD legislation that had passed in 1998. Sir, this is total BS, it's my responsibility to stop a bad doctor, but I can't seem to accomplish a damn thing! If he were a lawyer, I'd simply demand he be disbarred for life in California. But he's a doctor, and because more than seven years have gone by, I can't touch him??? BS!!! Many diseases and illnesses are asymptomatic for 10, 20 and even 30 years, but still can be quite life threatening! We need desperately to UNDO this BAD legislation! This legislation has nothing to do whatsoever with lawsuit frenzy California, and can definitely help to keep BAD doctors in practice. And my particular lawsuit or investigation would have been quite justified by what had transpired! A doctor on drugs ripped my colon while performing a MINOR procedure... And then did his best to ensure it was undetectable... My comments this issue are here, in public web page format: Friends don't let Friends use Providence Holy Cross Medical Center! best regards, -Pat Patrick Martin (cut-n-paste of BAD legislation below) BILL
ANALYSIS
AB 2719 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2719 (Gallegos) As Amended July 9, 1998 2/3 vote. Urgency ASSEMBLY: 76-0 ( May 14, 1998 )SENATE: 37-0 ( July 23, 1998 ) Original Committee Reference: HEALTH SUMMARY : Requires accusations against physicians by the Medical Board (Board) to be brought within three years after the Board discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission, whichever occurs first. The Senate amendments : 1) Delete a provision making the three-year period applicable to acts or omissions that the Board, through reasonable diligence, should have discovered. 2) Add an urgency clause. EXISTING LAW requires: 1) The Board's Division of Medical Quality (Division) to enforce provisions of the Medical Practice Act and authorizes the Division to investigate complaints from the public, from other licensees, from health care facilities, or from a division of the Board. 2) The Division to take action against any licensee who is charged with unprofessional conduct. 3) A hearing with respect to physician disciplinary action to be initiated by filing of an accusation by the Board. AS PASSED BY THE ASSEMBLY , this bill required accusations against physicians by the Board to be brought within specified time periods. FISCAL EFFECT : None COMMENTS : According to the author, the amendments remove the potential for costly litigation. Analysis prepared by : Celine Cordero / ahealth / (916) 319-2097 FN 040744 # # # Questions or comments,
email this webhead: # # # # EOF - End-Of-File # |
