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It is now clear that the Senate heath care bill, while still shrouded in verbal fog, will do at least three things: (1) It will spend more than American’s can afford.  (2) It will accomplish less than promised. (3) Overall, most Americans, especially those on Medicare and working for small businesses, will be forced into inferior medical care over time in order to pay for the whole thing.


The Hippocratic Oath enjoins physicians, “First:  Do no harm.”  The congress is not bound by that wise injunction.  Nor will our elected officials be accountable in other ways. 


Consider the malpractice laws:


A physician in the OR sews up a patient, negligently leaving a metal clip inside the body cavity.  A lawsuit ensues and the physician is ordered to pay the patient damages.


A lawyer misses a critical filing deadline for a client and an unjustified seizure of the client’s bank accounts follows, resulting in the loss of the client’s livelihood.  A lawsuit is brought and the lawyer is ordered to compensate the former client.


YOU run a red light and collide with a school bus, injuring six children.  You are sued and ordered to pay them compensation for your negligence.


The first two cases are classic professional malpractice cases, resulting in the award of compensatory damages for the failure of a professional to keep up the standards of the profession.  The third is a case of ordinary negligence (lay malpractice, if you will) in which YOU failed to maintain the standards expected of an ordinary motorist, causing damages to others because of your negligence.


In these examples, every negligent actor is accountable under the law, and can be held liable to pay for his or her damage-causing errors.


Hundreds of our elected representatives vote to enact a law that destroys businesses, causes the fatal delay or full-on denial of medical care to millions of Americans.  At least three hundred and fifty of these elected officials did not even read the provisions of the legislation for which they voted, then (after community protests) expressed “surprise” that “many constituents were hurt” (potentially, if the legislation becomes law and immediately, by the attempt to railroad through an execrable piece of Beltway social engineering without debate).   The potential monetary damages from this legislative malpractice are in the hundreds of million dollars, possibly several times that when the collateral effects are taken into account. 


A revised version of this legislative atrocity has been burped out of the US Senate, but the embedded poison pills (such as trashing or burdening intelligent & creative health care payment solutions like tax protected savings plans coupled with inexpensive catastrophic care insurance) are still in the mix.  This remains a stealth plan to destroy private health care coverage by burdening it beyond capacity while selectively favoring public plans (disguised as “optional”) via subsidies that depend on magic “savings” that will never be realized.  All of this sleight of hand is taking place against the backdrop of an unprecedented public opinion consensus: We (the taxpayers) just don’t trust the legislative process right now because we have already been mislead; we were almost rolled this summer; and we now favor limited, transparent reform, carefully targeted.  We may be naïve, but we still believe that our elected representatives are still morally bound by the Hippocratic injunction, “First, do no harm.”


Not one of the negligent elected is held liable. 


Some would claim that this is because of a doctrine called “sovereign immunity”.  Don’t bother to look for that doctrine in our constitution, because it is not spelled out there.  Our elected representatives just “came up with it.”


Others tell us that the governing doctrine is “whores' rule”.  This doctrine focuses on the standards to which our professional politicians are held.  Where whores are concerned, it’s just a matter of whether you got screwed, not how well.....


It now comes down to this:  Do the blue dog democrats have the spine to stand up to their out-of-control congressional leadership?


Stay tuned....




My review of the House Bill, "The HMO from Hell", is still worth reviewing at this critical juncture.  Here is that link: http://www.jaygaskill.com/HMOfromHell.htm

Then, if you are interested in what reasonable alternatives (all blocked by the congressional leadership) would look like, please visit this link as well --- http://www.jaygaskill.com/HeathCareTrainWreck.htm .

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