In Texas, doctors can injure or kill their patients without accountability ever since Governor Rick Perry signed the 2003 Tort Reform Act. Tort Reform strangled the 7th Amendment and allowed it to die a slow unceremonious death.

If you want to view the collateral damage left behind Tort Reform inflicted by negligent reckless doctors, Google: Cleveland Mark Mitchell Dec 12 1950 – April 26 2008 – Youtube.

If you want to view the face of Dr Javier Andrade who dropped the ball by failing to provide the basic standard of care to my husband in a Galveston, Texas emergency room and who died shortly thereafter, watch: Why did you drop the ball Dr Andrade?

He is free to practice medicine at a New York Bariatric Group because the Texas Medical Board failed to police after their own and allowed countless of doctors to injure or kill Texans without accountability.

Are we sacrificing fundamental constitutional liberties secured in the Bill of Rights to protect a few bad doctors like Dr Javier Andrade with Tort Reform? Yes we are.

Thank you for your time,

Cilla Mitchell

A Texas nurse and vet

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I am responding to Public Citizen’s August 9, 2011 press release “California Is Delinquent in Disciplining Dangerous Doctors” and to Dr. Sidney Wolfe’s August 9, 2011 letter to Governor Jerry Brown regarding the press release.

Re the Public Citizen press release, August 9, 2011:

I hope Public Citizen does not expect Governor Jerry Brown to respond to Dr. Wolfe’s important letter in a way that is favorable to California’s healthcare consumers.

As you must know, Governor Brown is notorious for not being tough on dangerous California healthcare professionals and providers, such as nursing homes and nurses that commit elder abuse against vulnerable, sick patients in these facilities. But please don’t take my word for it. You can read the details at Christina Jewett’s March 9, 2010 “Fewer Elder Abuse Prosecutions under Jerry Brown” and her August 21, 2010 “Prosecutions of Elder Abuse Cases Decline under Jerry Brown” at California Watch.

I also hope that Public Citizen does not expect the Medical Board investigators to “work more seamlessly” with California Department of Justice (DOJ) investigators and prosecutors.

The major budget cuts, understaffing, and lack of resources that are also plaguing the the California DOJ are resulting in far fewer investigations and prosecutions of dangerous healthcare professionals.

Please note that a senior California DOJ BMFEA special agent has said the following:

* There is a plan to lay off about 200 agents across the board.

* Older, more senior agents from the Bureau of Narcotics Enforcement (BNE) or Bureau of Investigations and Intelligence (BII) would bump out agents in the more specialized units, such as Medi-Cal Fraud and Elder Abuse, even though they have no skills or experience in that field.

* There is no money for investigators.

* There is full funding for everyone one else in the AG’s office.

* The plan is very selective and punitive retribution against investigators.

* The plan is to dismantle investigators only.

* No one will be left to work elder abuse.

* Attorney General Harris is going along with the plan to dismantle the BMFEA and does not realize the consequences of having no state DOJ investigators.

* There is absolute chaos within DOJ, including the Bureau of Medi-Cal Fraud and Elder Abuse.

* No one is really working any cases.

* All are worried about losing jobs on short notice.

* Even those with 12+ years of seniority may lose jobs to be replaced by more senior agents with no specialized skills in healthcare fraud or elder abuse.

Thanks for taking the time to read my email about this very important topic. This is especially vital if you are a healthcare consumer or a vulnerable elder or dependent adult in a nursing home in California.

These are scary, dangerous times in California.

Regards,

Scared California healthcare consumer

(Ed. note: All anonymous comments are subject to ruthless editing for space).

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