Saturday, February 18, 2017

The Police and Sleep

Email sent to the Professional Standards Division of a Town Police Department

I would appreciate a brief meeting, mostly to listen to your side of the story, and to your concerns and objections to a change in Department policy on sleep. I do not want to be advocating any change with a naive and incomplete information about the situation.

If you wish, I can provide information about sleep for your review.

1) Famous disasters involving sleep, including the destruction of the space shuttle, the Challenger;

2) sleepy people are as impaired as legally intoxicated people on standardized tests of performance, such as on driving simulators (would you allow a visibly intoxicated officer to get into a department car or to answer a call?);

3) the department itself causes sleep problems by requiring night shift officers to testify in the daytime;

4) the department punishes sleepy officers, inducing a cover up of the problem rather than a solution to it;

5) it is unknown if sleep is a factor in adverse police incidents; for example, it is unknown if the officers were sleepy when they blasted a law abiding black immigrant, taking a wallet out of his pocket; and NYC had to pay $millions in compensation; but the incident was in the middle of the night.

I did receive a copy of your rule on fitness for duty. I lost my copy, and would appreciate another copy. As I recall, it requires that officers arrive fit for duty.

I would like to change to a more realistic, real world wording.

Officers may self report sleepiness, with impunity. If a supervisor discovers sleepiness, sanctions could take place. The officer should clock out, go to a car or elsewhere and try to go to sleep fully for a minimum of a half an hour. If refreshed, clock back in, return to work.

If duty requires that officers respond despite being sleepy, they may have a dose of prescribed Modafinil, 200 mg, a medication FDA approved for shift worker sleep disorder.

In future investigations by your division, you will include a question about the alertness of the officers at the time of the incident. You will then add up the fraction of incidents involving impairment from sleepiness.
I do not have an easy answer to thinness of coverage, and now we are having sleeping officers, out of circulation. That is why I would like to hear your side of the story.

Monday, January 2, 2017

 Probation or Parole Sharking 


 The officials practicing it might see the same penalties as loan sharks.

This is a game several parolees and probationers have told me about. A remedy should be included in any reforms.

Three months before release, the authorities find a violation. Example? Mother's vacuum cleaner is in the trunk of the car. It is not stolen. It is borrowed, with permission, to clean the house. This violation results in a $3500 fine, an extension of 5 years, and impounding of the car and of the vacuum cleaner. The latter is not returned to the mother. There is no legal recourse. The penalties are without any hearing.

Sunday, January 1, 2017

The Decarceration Game

The decarceration movement will continue. It will have liberal and conservative supporters among the lawyer profession. Each side will use its own pretextual justifications. The left will hold the vicious black thug as a victim of racism. This plan is exemplified by collaborator to the white lawyer establishment overlord, and pro-criminal advocate, Michelle Alexander, author of the New Jim Crow. She is a colleague to Prof. Berman. The right wing lawyer will falsely claim smaller government, and saving money on prisons. Both will really be promoting more lawyer employment and rent seeking.

The result is already evident. The murder of minorities has increased. The increase is great enough that it may become an effective, efficient and rapid alternative to the defunct death penalty. One problem is that the death penalty will also apply to little girls skipping rope in front of their homes, as the vicious clients of the lawyer drive by.

One response will be to hire more police, and it goes without saying, far more lawyers. This will cancel the savings from closing prison beds. So the growth of government will still be promoted by that back door. It will transfer tax money from rural prisons to urban police and lawyer institutions.

Coincidentally, the agents of the prosecution, the police, have also been fettered by the Ferguson Effect and by Draconian federal, Obama DOJ, consent decrees. Other departments see that, and will fall in line without prosecution or litigation. So, the growth in their numbers will be a sham exhibition of false piety by the lawyer. The greater number of police will consume the tax savings of decarceration, as will the greater employment of lawyers on both sides. These fettered officials will lean back, and watch minority victims get murdered by the client of the lawyer profession. The black crime victims lose. The white tax payers lose. This is a perfect arrangement for the lawyer profession.

The murder solution rate is now 60% in the country. It is 30% in Chicago. It is 0% in Honduras. Each has a murder rate an order of magnitude greater than the last. Each is more procedure saturated and overlawyered than the last. Each is also more decarcerated than the last, of course.

At some point, the public will understand this game. The latter is not a prediction for 2017. It is a prediction for 2027.

Tuesday, December 20, 2016

It was dogma that there was no addiction before puberty. Not so for video addiction.


Tuesday, December 13, 2016

The Adversarial Legal System

The adversarial system originated in the disputation methodology of a church based philosophy. It was a method to arrive at some truth or conclusion on difficult questions.

1) It violates the Establishment Clause because of its religious origin;

2) it is an atavistic and ridiculous 13th Century method;

3) it has no external validation as a proper method; it does not even have established rates of inter-rater reliability nor test-retest reliability; these do not establish validity, but are necessary before testing validation;

4) it puts the verdict in the hands of fresh grads from law school, who know very little, and excludes the brightest and most experienced person in the court from participating in verdict finding, the judge;

5) empirically, it results in both unacceptably elevated rates of false positives and false negatives, contributing to our sky high crime rates;

6) it is expensive and turns a trial into a theater production, mostly to generate lawyer fees for worthless services, defrauding the tax payer;

7) it brings opprobrium on the lawyer profession, their looking like argumentative jackasses;

8) its stentorian tones, its location in a room that resembles a church, alienates the process from its owners, the tax payer, stupid people putting on a stupid show (bring back wigs);

9) it is probably irrelevant to the jury, as likely to decide a verdict on the likability of a chesty female lawyer as on the complicated facts;

10) it adds further delay in the legal system filled with lazy, do nothing, big government worthless tax sucking parasites, moving the cases ever so slowly.

Lawless, outdated, worthless, lawyer quackery, expensive, stealing of tax money. The adversarial system just sucks and should be scrapped entirely.

Inquisitorial judges, trained as judges, not as lawyers, should lead the investigation,  with judge values, not lawyer values. They should be liable for their mistakes in professional tort liability, and judged according to professional standards of due care. The lazy and slow should be fired.

Sunday, December 11, 2016

Path to First Amendment Enforcement in Private Entities

You own a home. The deed has the boundary line in the middle of the street, and certainly includes the sidewalk in front of the house. If you do not shovel the snow from that sidewalk, you may be fined by the city. It is considered your property.

The sidewalk is your property. It is a public accommodation. Can you exclude people in protected classes from your sidewalk? No. If protesters with a viewpoint want to set up a picket line, in the correct time and manner, may you exclude them based on their viewpoint? No.


Facebook is a private corporation to whom the First Amendment does not apply. However, it is not the dining room of the property. It is the sidewalk. It may not exclude people, or ban, or punish people based on viewpoint. It is the ultimate public accommodation, the ultimate sidewalk portion of the property, with 1.5 billion invitees.

I support an aggregate claim against Facebook, and compensation of $10 Billion to those who have been banned based on viewpoint.

To my Gay Friends, Run. It's a Trap. Gay Marriage.

A non-religious objection to gay marriage is that it elevates friendship to the legally privileged status of marriage. That is an attack by government on the authority of the family. Gay marriage degrades the legal status of marriage, which has the sole purpose of procreation. It makes it the same as a union between any two casual friends.

The family is 10 times more effective at imparting moral behavior on its members, including adults, than government is. So the family is under attack by the lawyer profession and must be crushed. Gay marriage is only one front. There are 10 other fronts of attack.

The bastardy rate among blacks is at 70%, and marriage is dead in that group. Among whites, in the 2010 Census, it soared to a shocking and devastating 40%. There are no significant genetic differences between the races. All disparities in social pathologies are explained by the bastardy rate. Darker skin blacks from Africa, with their traditional family values, and opposing gay marriage, outperformed whites in that same Census.

Gay marriage advocates must be held accountable for the degradation of the white family, and its catastrophic consequences to the country. They have no conscience. They care only about their selfish, left wing, big government, rent seeking interests. They are not even gay advocates. They are shills for the lawyer profession, seeking to generate more work for divorce lawyers. They want to degrade the family, and to promote greater government dependency as is the case among non-immigrant blacks. They are left wing ideologues, big government advocates, not real gay advocates.

Gay marriage was a lawyer idea, not a gay idea. The members of this left wing and naive group do not know that. Because of the collapse of marriage among heterosexuals, the family law business was reeling. They came up with this idea, to plunder the assets of highly productive and well to do gays. Gays have markedly above average incomes, and must be targeted by the lawyer profession.

Being gay does not make one stupid. Complying with left wing cultural fashion trends makes one stupid. In jurisdictions with long standing gay marriage laws, very few gays are falling for that lawyer set trap. For example, in France, only a few thousand gays a year are stupid enough to get married.

In Pennsylvania, the wealthier spouse must pay the legal fees of the poorer one in a divorce. In Pennsylvania, change a diaper on kid, you are considered the parent because of care, not because of genetics. DNA testing on the Maury Show has no effect on being declared a parent, only providing care. The court takes the viewpoint of the child, "I love you, Mommy." Change a diaper, you are on the hook for child raising expenses to college graduation, or $250,000. You numskulls supporting gay marriage, and actually getting married, will be paying the fees of the lawyer destroying your family and your life. You will be paying the child raising cost of a child that is not yours, that you do not see, and that you may not even like, it's being a little entitled brat.

The rate of divorce is the same as that of heterosexual couples. Advocates who claim it is lower are making a simple arithmetic error.

Run, it's a lawyer set trap.

Tuesday, November 15, 2016

Term Limits


We are frustrated by politics, and are proposing to limit terms automatically, by law.

Couple of problems to consider.

1) It takes 10,000 hours to get good at any skill. We would be firing people who have learned their business;

2) Inexperienced elected officials would shift power to their unaccountable, unknown, experienced staffs, mostly rent seeking, big government lawyers;

3) incumbents are nearly impossible to get rid of, so enact direct voting on issues, in all US jurisdictions, as California Initiatives do. This is direct democracy. These drive politicians crazy.

Saturday, November 12, 2016

Victims Rights Movement as Lawyer Quackery

Paul Cassell and this phony victims' rights movement is appalling. It is a Trojan Horse for increasing lawyer employment. Victims will soon get the right to counsel to navigate the complicated legal system. And, that is the real reason for this movement.

The real victims' right is the right to not get victimized. The sole path to that right is public self help, and the killing of violent criminals. These violent criminals are protected by the lawyer profession. They generate massive government make work jobs. Victims now generate nothing and may rot.

The real victims' right is to sue the police, the judges, and the juries who allowed the criminals to victimize them, in deviation from professional standards of due care. These horrible, self dealing, rent seeking, worthless government workers will not stop the criminal or they would lose their jobs. Despite the false lawyer decisions, the police does have a duty to the individual, the one that pays his salary with heard earned tax money.

The victim has a right to compensation from civil forfeitures. Instead, the police keeps all of it for itself, stealing from innocent people, and failing to compensate crime victims.

The victim who does defend himself is always the one prosecuted, and destroyed by the legal system. The criminal never gets prosecuted by lawyers like Cassell. The message is, depend on the worthless government make work police.

Cassell ignores these problems, because he is a rent seeking lawyer, trying to fleece the tax payer.

Victim statements are attestations. They are not cross examined in violation of Fifth Amendment due process right to a fair hearing.

Victims should be forced to state how they profited from their victimization. For example, they are boohooing they lost their father. This father was a child abuser. His murder was a tremendous benefit to all those around him. That benefit should be credited to the defendant.

False statements by victims should no longer be immunized, but prosecuted instead, as perjury.

Thursday, November 10, 2016

Improving the Supreme Court of the United States

The Supreme Court is a lawless abomination. It should be impeached, every single one of the traitor now sitting there.

Then pass a Judiciary Act.

1) Move the Court to Wichita, KS, roughly at the center of the nation. Get it out of the homosexual dominated, rent seeking, elitist culture of Washington DC. If you move to Iran, you will soon become very Iranian. You will imitate those around you, and fit in eventually. This explains the awful decisions of even the most conservative Justices.

2) Change the number of Justices to an even number. If there is a tied decision, the lower court decision stands, and as national policy. That lower court decision was likely obeying a prior Supreme Court decision. The even number will conserve stare decisis.

3) If the Court is to violate the constitution by its judicial review, make the number of Justices a legislative number, such as 500. All judicial reviews, including Marbury v Madison, violate Article I Section 1, granting law making power to a legislature.

4) Exclude anyone who has passed 1L from the Supreme Court. Exclude all people who ever attended an Ivy League School. They are all dirty traitor scum. Select the Justices from random people on local jury pools. I don't care if the Congress selects wine besotted bums puking in the gutter, who dropped out of special ed classes. There will be an upgrade in policy making, and more readability of decisions.

Monday, November 7, 2016

Intelligent Atheism, Not Stupid Atheism

As to atheism, I am an intelligent atheist, not a stupid atheist as most left wing atheists are. I do not bash religion in any way. I even respectfully accept the prayers of others for my soul. Religious people like me for my respect.
1) Religion is in all cultures, no exception. That means, brain based, with some evolutionary advantage.
2) I am with Weber, religious societies are richer societies. He studied Calvinism. I generalize his findings to Ancient Egypt. The Pharaoh had all the assets and powers. 100,000 men were idled by the yearly flooding of agricultural lands by the Nile for 6 months. That means drinking, fighting and trouble. Probably some Sephardic Jew persuaded him that if you pile rocks and correctly point the hole at the top, for your soul to be pointed at a star, you can achieve immortality. Bam, 100,000 guys have jobs the rest of the year, and the wealth is redistributed in the first government make work project. That project is still bringing in $5 billion to Egypt after 7000 years. What atheist project can claim that kind of value? Religious tourism. Weber is what you studied in 12th Grade Am History class, whether you ever heard his name. Wealth is a sign of God's grace, so work hard to get rich.

3) It does comfort people. It explains to the average person why they should do good, and not live the Roman orgy lifestyle, "You are being watched." It does a much better job of reducing crimes and abuses than the legal profession.
4) A fat kid is holding a magnifying glass between the sun and an anthill, and burning the ants. Realistically, an ant is more likely to grasp the mathematical formulas of Newtonian optics explaining the concentration of light and heat by the lens than we are to understanding the entity that produced a universe now 15 billion light years across, its laws of physics, and its growing at an accelerating pace, let alone the reasons for doing so. The intellectual distance is far shorter for the ant, even with CRISPR technology producing Einstein ants, and robot ants 1000 times smarter than they are. I prefer to be humble.
A babified explanation of a thin lens.

Sunday, November 6, 2016

Tales of Conduct Disorder 2


The authorities who failed to execute this man at age 16 are fully responsible for the 7 subsequent murders committed by this man. Conduct disorder is a disability of morality and of empathy. Its sole remedy is the death penalty.

Here is the sad tale.


'...The gruesome revelations are a stark contrast to Kohlhepp’s professional image. On the surface, Kohlhepp was a polished Realtor who ran a successful South Carolina real estate firm upstate. In a company brochure, Kohlhepp portrayed himself as a tech-savvy professional committed to helping people buy and sell homes in Greenville and Spartanburg counties.
“At Todd Kohlhepp & Associates we feel that it’s important for our clients to know a little more about who’s working for them besides a name and number,” read the first part of his bio.
Beneath it was a picture of Kohlhepp dressed in a pinstripe suit, smiling broadly, next to a list of his business qualifications. He boasted that he was a licensed pilot and that his company had “One Focus … Results!”
But there was no mention of Kohlhepp’s criminal history and why he was a registered sex offender.
Details from his childhood — particularly his conviction for the 1986 rape of a teenage girl in Tempe, Ariz. — hint at a deeply troubled individual who harbored violent tendencies from an early age, according to court records obtained by the Arizona Republic.
Records showed that when Kohlhepp was 15 he went to a neighbor’s house, held a .22-caliber handgun to the 14-year-old girl’s head and demanded that she follow him, the Republic reported. Once back at his home, Kohlhepp duct-taped the girl’s mouth, restrained her hands and raped her — then told her he would kill her and her younger siblings if she called police, according to the paper.
The girl reported the rape to police, and Kohlhepp was arrested on kidnapping and sexual assault charges, court records showed. He took a plea bargain, pleading guilty to just the kidnapping charge, and was sentenced to 15 years in prison.

An extensive psychiatric evaluation of Kohlhepp, then 16, revealed a sometimes suicidal teenager who saw himself “as a loner, hostile toward other children and not wanting to be around people,” according to a report first obtained by Greenville Online.

Kohlhepp’s parents had divorced when he was a baby, the report said, and he was raised mostly by his mother and stepfather. After they separated in 1982, Kohlhepp began acting out, destroying his room and breaking mirrors so that his mother would send him to live with his biological father.
The report also detailed other alleged violent acts from Kohlhepp’s childhood. He destroyed his bedroom with a hammer, hit other classmates, was caught “Cloroxing” a goldfish, shot a dog with a BB gun and was dismissed from the Boy Scouts because he was too disruptive, the report said.
A teenage Kohlhepp described his father as “a lier [sic] and preoccupied with guns” who allegedly taught the boy how to “blow things up and make bombs,” according to the report. He had occasionally considered killing his father, whom he accused of physical abuse, but also “had this rage turned back at himself,” the report said.

In the 1987 report, Kohlhepp told the psychiatrist that when police were outside his home to arrest him after the rape of the 14-year-old girl, he put the gun to his head and pulled the trigger, but it jammed. “At this point, he laughed somewhat inappropriately,” the report said. “He stated ‘Someone doesn’t want me to die yet.’ ”

Kohlhepp seemed conflicted about the rape, alternately describing it as something he was ashamed of but also something that he had done to “get back” at his father. The report went on to say that Kohlhepp did not appear to suffer from hallucinations, delusions or other cognitive deficits; in fact, he seemed to be in the “normal intellectual range” and “tended to minimize his problem and expressed hope that he would go back to school and get a GED.”

The psychiatrist said there was “convincing evidence” that Kohlhepp had borderline personality disorder. “Throughout the interview, one got the feeling that if he were pushed to any limits, he was potentially explosive,” the psychiatrist wrote. The psychiatrist also warned that Kohlhepp’s “severe underlying emotional issues … could result in emotional deterioration in the future or continued aggressive behavior toward others in the future.”

Kohlhepp was released from prison Nov. 24, 2001, according to the Arizona Department of Corrections. Records also showed that he received postsecondary education and vocational training while in prison.
At some point, Kohlhepp moved to South Carolina and built a real estate business (his real estate license is listed as valid through June 2017, according to the state’s Labor, Licensing and Regulation Department).

When Kohlhepp applied for his South Carolina real estate license in 2006, he explained his sex offender status in a two-page letter filled with details that contradicted court documents regarding the 1986 charges, according to the Independent Mail:
Kohlhepp wrote, in his 2006 letter about the 1986 incident, that he had been in a heated argument with his girlfriend, they were both 15 at the time, they ended their relationship and afterward chased his dog and returned to his house.
Police showed up at the home, after having been called by the girl’s parents, who were concerned they could not reach her by phone, Kohlhepp wrote.
He explained in the letter that the kidnapping charge stemmed from a firearm he was carrying and because “I had told her not to move while we talked this out.”
Kohlhepp said he had been carrying a gun because he was concerned about crime in the Phoenix area and chalked it up to a youthful mistake.
Kohlhepp was granted a real estate license about three weeks after he applied, the Independent Mail reported. “Our community has been deeply disturbed by this,” Nick Kremydas, chief executive of South Carolina Realtors, told the paper. “The alleged acts of this person are not representative of us.”
State records showed that Todd Kohlhepp & Associates had two offices, one in Moore and another in Greenville, and that Kohlhepp supervised nearly a dozen agents. It is unclear whether any were aware of his private life. On Saturday, a call to the phone number listed for the company went to an answering machine, where Kohlhepp’s voice promised, with a slight Southern drawl, to return calls as soon as possible.
Listings for all of the properties and agent bios on his company’s Web page redirected to server error messages. By Saturday afternoon, an agent profile page for Kohlhepp on the real estate site Zillow appeared to have been removed, and a slew of negative reviews had been posted to his company’s Facebook page.
Brown reportedly worked for Kohlhepp cleaning houses and had arrived at his Woodruff property with her boyfriend to help clean it up when Kohlhepp pulled a gun on them, according to CBS News.
Brown and Carver were reported missing after the Anderson, S.C., couple didn’t show up to dinner with a friend on Aug. 31. No one heard from them after that. In mid-October, The Washington Post reported that the couple’s family members were disturbed by messages that began appearing on Carver’s Facebook account.
The family suspected that his account had been taken over by someone sinister. As The Post reported:
Suddenly, the page exploded with content, as if it had been hacked. It would appear to be flooded with spam, but a closer inspection revealed many of the posts to be related to the couple.
News stories about the missing couple appeared in rapid-fire succession, along with other stories about missing people. Strange, violent images and memes began being posted on the Facebook page.
“If I weren’t crazy, I’d be insane,” read one. Another read, “Sometimes late at night I dig a hole in the back yard to keep the nosy neighbor’s guessing.”
. . . On Oct. 1, one user commented on the marriage announcement, “Where the hell is Kala Brown???” to which Charlie’s Facebook account responded, “kala is with her husband charlie.”
On another post, a user asked where Kala was, to which Charlie’s account responded “who the f––– are you to question me about my girlfriend?”
Carver’s Facebook account has since been deleted.
Kohlhepp’s next court appearance is scheduled for Jan. 19, according to court records.
Travis M. Andrews and Sarah Larimer contributed to this report.

Wednesday, October 26, 2016

Sunday, October 2, 2016

Medical Malpractice Defense Points Not Usually Considered

I am not a lawyer, but I know where they live. Matters are 100 times worse than any one realizes with the lawyer profession.I would want to make the following defense points.  I would appreciate knowing any lawyer rebuttal.

1) Four Elements that must be proven in a tort case.

Duty
Breach
Injury
Injury Caused by Breach

2) Even lawyers forget the fifth. Unforeseen intervening cause. Any plaintiff conduct remotely related to the injury should be brought up, and a motion to dismiss should be made at every procedural step. Examples, smoking, non-adherence, family effects, outside stress.

3) In terms of breach due to a deviation from professional standards of due care, the courts will allow minority views in a subject that is not completely settled, and no medical subject is completely settled.

4) The tort is based on a theory of chain of causation. Great in the 13th Century, total lawyer quackery today. Lawyer quackery violates the Fifth Amendment procedural due process right to a fair trial of the defendant, even in a tort case.

A doctor sued BMW for a bad paint job and was awarded $4 million. The Supreme Court affirmed the Fifth Amendment  due process rights of defendants in torts.

The current view of catastrophes is that multiple factors cluster in a space and time, for example 12 of them in an airplane or car crash. The prevention of any one may prevent the entire catastrophe, often. The chain of causation is a myth. If followed enough, it ends at the Big Bang, and the court should try to collect from the entity that caused the Big Bang. The lawyer is ridiculous and stupid. They start with high IQ's and end up doing stuff from 1275 AD. I call that stupid, except they take in $trillion and damage the economy far more than that.

5) I urge defendants to personally attack the other side, and to share their own misery with the other side. The most powerful attacks are in the trial and in motions to the trial judge. Find a factual mistake anywhere, in the resume of the expert, in the out of court social media postings of all parties, in depositions. Adjectives and opinions are legally immune. I think this person is evil, stupid, greedy, etc. All are adjectives and immunized by the First Amendment. False facts are criminal and criminality should result in dismissal, and in sanctions, such as prison, all legal costs to the assets of the perjurer, exclusion of the testimony, disqualification. Disqualify the plaintiff lawyer, disqualify the experts, then even disqualify the judge.

No defense lawyer will ever do that. You may have to hire a personal lawyer to terrorize the defense lawyer. The latter makes no money until reaching trial. They are paid less than HMO doctors, and may actually lose money on overhead by insurance companies. Your personal lawyer should also threaten the insurance company for paying the defense lawyer too little, as form of insurance fraud, or insurance bad faith. Defendant thought he would  getting the Dream Team, from the slick brochure, got the dead time of losers.

6) If court tactics fail, try regulatory tactics. File complaints with all licensing boards, all Disciplinary Counsel. Even if dismissed, the other side will be spending time and worry in continual investigations. Make it so no amount of money is worth the plaintiff case. They may have to hire lawyers to deal with these investigations. File discrimination complaints, for example, the lawsuit is because the defendant is white, and male.

I find defense lawyers far more detestable than plaintiff lawyers. That is because they pretend to be on your side, but are working only for themselves, even if that means hurting your interests. They are the ones with duties to you. They are the ones with professionalism. They are the ones who betray both. Legal malpractice claims have totally insurmountable obstacles, and are a waste of time. So any understandings can only come before hiring or approval of a defense lawyer. Bring your personal lawyer with you, in your meeting with your defense lawyer, as if you were meeting the FBI. It is that bad.

The above apply to the innocent or controversial defendant. If the defendant is clearly at fault for a serious injury, a quick settlement is in the interest of the doctor, of the  patient and of the profession. A guilty defendant using the above tactics is abusing the system, and should be punished for doing so.The overwhelming fraction of medical malpractice defendants are found, not guilty. So most medical malpractice claims are invalid. This is true even in defendant judicial hellholes. In Philadelphia, a true judicial hellhole, 70% of the medical defendants are found, not guilty. The problem is that the cost of litigation has had an impact on health care. Almost all obstetrical wards have closed in Philadelphia, despite the statistic. As a result of lawyer perfidy, a woman is lucky to get a space in the hallway of the remaining services to deliver a baby.

Sunday, September 25, 2016

Statement on Nurse Practitioners with Independent Prescribing

 

 

If any member of the legislature were having crushing chest pain, and had shortness of breath, with a family history of premature  deaths by heart attacks,  would they want to be seen by a cardiologist or by a nurse practitioner filling out a form on the electronic record? Why are the lives of black people on Medicaid worth any less than that of the legislator?

The movement to allow nurse practitioners to prescribe unsupervised, will result in a two tiered health system, one for whites, one for blacks. It stems from racial animus. The aim is to raise the mortality of black people even higher than it is already.

Nurse practitioner programs are so competitive that only people with nearly perfect grades get in. Most qualify to get into medical school. They have chosen to bypass that harder road to clinical competence, to begin making money earlier, and with less student debt. That corner cutting should not be rewarded with independent prescribing privileges.

As a result, they know one quarter that specialists know, and half as much as primary care physicians. They are fit only to prescribe for patients doing well, needing routine refills without any change. They are fit to diagnose routine, common and mild disorders. They are fit to administer first aid and nursing care.

New patients with serious or life threatening conditions should not be evaluated by them. They can read off checklists, but have none of the skills that come from the experience of doctors.

Even after 5 years of experience, because they have not been challenged by difficult experiences of physicians, they will require supervision.

A patient commented on the internet. A nurse practitioner insistently called the growing lesion on his arm  an "age spot" for a year. The patient demanded to see the dermatologist. The doctor arrived at the door, and from that distance, stated, “That is a squamous cell carcinoma. It has to come out.” Squamous cell carcinoma is a common skin lesion in the elderly.

Email sent to Jeff@Amazon.com: You need to address this allegation of fraud

Here.

Friday, September 23, 2016

Name Mispronunciation as a Micro-Aggression and a  Evidence of Bias

I suggest an alternative scheme.

Eventually, this idea will be enforced in judge made law and precedent setting. Schools may face ruinous litigation for the mispronunciation of a name. Today, employers face the same for an off color joke at work. Both employers and school systems are mere pipelines from the tax payer and consumer to the pockets of lawyers, mostly, with some crumbs going to injured plaintiffs.

I propose that the naming of a child with an unusual or difficult to pronounce name be deemed evidence of child neglect. The same should go for misspelled names. Hospitals delivering children should assist parents to spell names correctly. The name is Antoine, not Antwan. The French province is called Brittany, not Britney.  It is established that people with such names are less likely to be hired or to be admitted into schools. They are a signal for bad attitudes, low performance ability, and dangerousness, wrongly or correctly. This problem is a problem of the American South, not of blacks alone. The Spears family is white, but from the South. It says, raised by parents who do not know how to spell.

Based of the great economic performance of African immigrants in the 2010 Census, a really impossible to pronounce name, with tongue clicks and other impossible sounds is associated with a great employment prospect, and a curve busting student. So that is likely to result in a form of reverse bias, and superior performance.

Sunday, September 18, 2016

Reply to Government Propaganda Article.

The_Economic_Burden_of_Prescription_Opioid Overdose, Abuse, and Dependence in the United States, 2013The

You forgot some things to deduct from your cost analysis. 

1) The productivity and tax payments of people able to get to work because of opiate pain relief;

2) The value of the 200 crimes a year not committed by the deceased drug addicts;

3) the value of the deaths of criminals to families that will not be exploited, injured, and abused by the deceased.

Thursday, September 15, 2016

Productive and Non-Infringing Restrictions of Second Amendment Right to Have a Gun

Half the murderers, half the murder victims, half the suicides are legally drunk. The most prevention of gun violence would come from restricting access to guns to people with evidence of alcoholism. Such evidence would include convictions for drunk driving, public intoxication, and alcohol induced liver disease.

Paranoid people kill 10% of murder victims around the world, or around 2000 people a year in the US. That number includes almost all rampage killings. It is in the nature of paranoia to not believe there is anything wrong with oneself. So even people doing well in treatment will try to stop treatment, and will relapse.

In the absence of drug induced paranoia, marijuana is associated with lower rates of violent crime. So, its use should not exclude people from their gun rights.

None of these policies are in place. They have the potential to cut the overall murder and suicide rates by two thirds, without infringing on the Second Amendment. They would withstand the strictest of scrutiny. There are no racial differences in the risks of mental illness.

Tuesday, September 13, 2016

Venezuela, Here We Come

As government grows, so does poverty and shortage.

http://www.zerohedge.com/news/2016-09-12/tent-cities-full-homeless-people-are-booming-cities-all-over-america-poverty-spikes