Tag Archives: Cerebral Palsy

NYT investigation finds widespread corruption in state-run care system

A pretty disturbing story the leftist New York Times.

Excerpt:

Nearly 40 years after New York emptied its scandal-ridden warehouses for the developmentally disabled, the far-flung network of small group homes that replaced them operates with scant oversight and few consequences for employees who abuse the vulnerable population.

A New York Times investigation over the past year has found widespread problems in the more than 2,000 state-run homes. In hundreds of cases reviewed by The Times, employees who sexually abused, beat or taunted residents were rarely fired, even after repeated offenses, and in many cases, were simply transferred to other group homes run by the state.

And, despite a state law requiring that incidents in which a crime may have been committed be reported to law enforcement, such referrals are rare: State records show that of some 13,000 allegations of abuse in 2009 within state-operated and licensed homes, fewer than 5 percent were referred to law enforcement. The hundreds of files examined by The Times contained shocking examples of abuse of residents with conditions like Down syndrome, autism and cerebral palsy.

[…]The Times reviewed 399 disciplinary cases involving 233 state workers who were accused of one of seven serious offenses, including physical abuse and neglect, since 2008. In each of the cases examined, the agency had substantiated the charges, and the worker had been previously disciplined at least once.

In 25 percent of the cases involving physical, sexual or psychological abuse, the state employees were transferred to other homes.

The state initiated termination proceedings in 129 of the cases reviewed but succeeded in just 30 of them, in large part because the workers’ union, the Civil Service Employees Association, aggressively resisted firings in almost every case. A few employees resigned, even though the state sought only suspensions.

In the remainder of the cases, employees accused of abuse — whether beating the disabled, using racial slurs or neglecting their care — either were suspended, were fined or had their vacation time reduced.

[…]In some cases, not even criminal convictions are disqualifying. Henry Marrero, an employee at a group home in Utica, was convicted of beating a 99-year-old man while moonlighting at a nursing home — slapping the man three times in the face and once on the stomach. He pleaded guilty to a misdemeanor and was barred from participating in federally financed health care programs. But he kept his state job working with the developmentally disabled.

[…]The Civil Service Employees Association, one of the most powerful unions in Albany, makes no apologies for its vigorous defense of the group-home workers it represents.

But the union’s approach — contesting just about every charge leveled at a worker — has contributed to a system in which firings of even the most abusive employees are rare. Most disciplinary measures represent a compromise between management and the union, often reached at the urging of an arbitrator chosen by both sides.

This article really has to be read in full to be understood. Solid investigative work by the New York Times.

Why the Democrats won’t reform medical malpractice laws

In the USA, doctors are sued all the time by patients for “medical malpractice”. Sometimes the lawsuits have merit and sometimes they don’t. But because the payoffs are so high, plaintiffs have every reason to sue. Doctors must carry expensive insurance against frivolous lawsuits, and they also perform many unnecessary tests and procedures to reduce their exposure to potential lawsuits. This raises the cost of health care.

Consider this Wall Street Journal article.

Excerpt:

Eliminating defensive medicine could save upwards of $200 billion in health-care costs annually, according to estimates by the American Medical Association and others. The cure is a reliable medical malpractice system that patients, doctors and the general public can trust.

But this is the one reform Washington will not seriously consider. That’s because the trial lawyers, among the largest contributors to the Democratic Party, thrive on the unreliable justice system we have now.

Consider how this affects obstetricians:

Former [Democrat] Sen. John Edwards, for example, made a fortune bringing 16 cases against hospitals for babies born with cerebral palsy. Each of those tragic cases was worth millions in settlement. But according to a 2006 study at the National Institutes of Health, in nine out of 10 cases of cerebral palsy nothing done by a doctor could have caused the condition.

Unreliable justice is like pouring acid over the culture of health care. One in 10 obstetricians have stopped delivering babies, unable to pay malpractice premiums on the order of $1,000 per baby, according to the American College of Obstetricians and Gynecologists (ACOG). Some hospitals, including Methodist Hospital and Chestnut Hill Hospital in Philadelphia, have stopped delivering babies altogether; and the number of unnecessary caesarian sections have increased to the detriment of the health of mothers, according to the ACOG.

Read the whole thing.

Unfortunately for us, some trial lawyers pay a lot of money to Democrats to make sure that their activities will not be curtailed by legislation. And the Democrats dance to their tune. I cannot for the life of me figure out why doctors continue to provide medical care to these medical malpractice lawyers.