Other factors contributing to unchecked physician induced injury:

RATES SO LOW ANY DOCTOR CAN AFFORD TO PRACTICE HERE


The fact that Indiana has such low accountability coupled with one of the lowest insurance rates in the nation may make Indiana attractive to physicians who fear accountability or couldn't afford insurance elsewhere.  Many people carry more insurance on their autos than an Indiana neurosurgeon or cardiologist must carry.  In Indiana the minimum auto liability can pay as little as 60,000.00 while your surgeon carries only 100,000.00.  Almost ALL homeowners carry more liability than your doctor.  The most basic homeowner's policy carries 100,000.00 liability.  Is it more dangerous for someone to walk up to your door than for them to undergo brain surgery? No.  Physician's insurance rates are low because of the lack of accountability.  Insurers know that they aren't likely to pay a claim due to the Medical Malpractice Act and the loyalty of peer review. About Texas law, Rick Gentry who is a regional vice president for the Insurance Information Institute says, "There's now a comfort zone here for insurers."

We contend that that comfort zone should be there for the consumer.  We contend that the comfort zone should be experienced by mothers in labor, children and the elderly who are ill and anyone who is disabled enough to have to seek the services of a health care provider.


APPARENT CRIMINAL IMMUNITY

The Indiana Medical Malpractice Act appears to be providing immunity for the physician who behaves criminally.  We do not believe the intent of the Medical Malpractice Act was to provide immunity for criminal acts and that is exactly how it is being used.

LITTLE  THREAT OF NEGATIVE MEDIA EXPOSURE

The media is reporting on only a few of the blatant incidents of malpractice.  Whether this is because of the incredible amount of money the hospitals spend on advertising, the incredible amount of money the medical community has to throw at law suits, the fear of the victims to come forward or a loyalty to the medical industry the result is the same - an uninformed and at risk public.  The Indianapolis Star & News published a Pulitzer Prize winning series on medical malpractice which began in June of 1990.  The conduct of many doctors has only become more aberrant and no significant reporting has occurred since.

LITTLE THREAT OF DISCIPLINARY ACTION

The failure of the Health Professions Licensing Bureau to discipline physicians with multiple complaints provides a fertile environment for negligence, misconduct and criminal behavior.  Indiana doctors seldom answer to anyone. Dr. Robert Morgan had 21 complaints filed against him with the Indiana Department of Insurance.  When Lori Rollins went to him to deliver her baby she didn't know this.  Her baby died.  Had the Health Professions Licensing Bureau, or numerous others along the way, been doing their job Robbi Rollins might not have died a slow, painful death.  An isolated incident? Again, hardly.  The VJC Inc. publishes the names of doctors with multiple complaints on our web site.  It is not unusual for doctors to have 20 plus complaints and for the Health Professions Licensing Bureau to tell consumers they have "never been disciplined." This State is blatantly failing to protect its' citizens.

NO STATE ACCOUNTABILITY

The state has no incentive to protect consumers because they have successfully legislated their own immunity.

DISCOURAGING CITIZEN COMPLAINTS

Many attorneys are discouraging their clients from speaking out either to the media or through citizen action. One attorney went so far as to tell the victim that if he got involved in any type of citizen action group that he would drop his case and bill him for services.


NO PUNISHMENT
Attorneys also allege that there are no punitive damages in Indiana.
If there are no punitive damages
Low awards for injuring the poor & elderly
Low or no awards for wrongful death
Caps on damages
Rarely criminal consequences

WHAT IS THE INCENTIVE?

Just as our children are molded by the accountability we provide so are our doctors.  Not only do we reprimand parents who provide no structure or discipline, but they are now being legally held accountable for what their delinquent children are doing. Like teenagers, many doctors are doing excellent work. Like teenagers, many doctors are pushing all limits and flaunting it and Indiana is providing no structure or discipline.


SELECTIVELY ENFORCED LAWS
Or laws and ethics that a medical license apparently allows you to break

As  "non-lawyers" our terminology may not be perfect. I think you'll get the picture. These are the most common complaints we hear from medical malpractice victims/survivors. We apologize for any errors and this is not to be construed as legal advice but political observation. We do not need more laws.  We have plenty.  They need to be consistently enforced.  White collar/white coat crime should not be overlooked.


Insurance Fraud - When no service is rendered yet the doctor/hospital bills
Altering Documents-Changing the medical records
Conspiracy-"One will lie and the others will swear to it," Marjorie Berkholz, RN
Confinement-Not allowing patients to leave hospital, illegal psych detentions etc...
Concealment-Covering up their negligence & crimes
Destroying Evidence-Missing medical records, failing to do autopsies
Blackballing-After allegations of med mal victims frequently can't get health care
Violating civil rights - right to due process, not being experimented on, hate crimes, privacy

Fraud - medical students performing procedures, unapproved procedures, billing for services      not rendered, mail fraud

Slander-Setting up their defense by blaming victim
Libel-Victim blaming in medical records
Defamation-Victim blaming
Assault/battery-Uninformed consent, performing procedures w/o consent, pushing, hitting
Murder-Refusing life support when requested by patient etc...

Perjury-"One will lie and the others will swear to it."

Abuse of Process-Using the system to totally exhaust and batter victims
Conflict of interest-Accepting victims as patients only to cover-up for or collude with one of their buddies.
Rape-Introducing chemicals and other products/equipment into patients w/o their consent

Taking Advantage of the Disabled-Using those who are emotionally or physically disabled for training, research etc.


A local attorney told VJC Inc. that we could expect to be sued.  He said that we would probably not be sued by any one person but by the professional association and we would not necessarily be sued because we had done anything wrong but to drain resources.

Again we challenge you to use those resources to make the world a better place. Instead of spending your resources on getting even with us for speaking the truth spend them on weeding out negligent and criminal physicians, changing laws, representing the victims, consoling victims, counseling victims and their families, helping them to get access to the courts, improving your field etc…