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Michigan Medical Malpractice Laws Violate Constitutional Rights

June 22, 2009
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So, I have done some research over the weekend about the consitutional right to have access to the courts.  It may seem like an arbitrary thing to do, but it really bothers me that Michigan, unlike a few other states, would set financial parameters for basic citizens entering courts.

I checked out the prices over the weekend for medical specialists who would need to sign an affidavit of merit, and here is what I found:

  1. Mayo Clinic:  Joanne says that the docs charge $1,000/hour or $6,000/day, but they can’t talk to me, the doctors “don’t get involved in that stuff,” and she hung up on me.
  2. On-line Consulting Group:  says their docs charge $1,000 just to  look at records, and about the same for hourly rate, but they only talk to lawyers
  3. On-line Med Mal referral:  says they charge $1,000/inch of medical records to review, and I couldn’t get a firm quote on an hourly rate

My initial research shows that this type of referral needed to enter the court isn’t anywhere near the average person’s price range, and then we are still in the dilemma of having to pay thousands of dollars to get to see a judge.  It’s been a humiliating experience, and people seem unaccountably angry with me for contacting them.  Mayo Clinic had the rudest staff out of all of them, and they have the most bureaucracy, but they told me that they wouldn’t even respond in writing, because according to Joanne:  “that’s just too much effort for me…”  Yeah, so Mayo may be one of the top clinics, but they sure don’t have top points for polite staff.

I am still finding other laws that support my theory that making a plaintiff (or injured patient) pay up to $10,000 to have someone review records and write a report is unconstitutional.  In fact, when I checked the MI Tort Law Reform book, the one case that they cite occurred in West Virginia, not Michigan.  And now, in MI, judges, who have received thousands of dollars in campaign funds from health care groups, state that injured patients must pay a doctor to say they can go to court.  Now, to find out which states have overturned these rulings… Stay tuned!

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