ASHER DEAN, WE LOVE AND MISS YOU SO MUCH, ESPECIALLY YOUR BRO AZRAEL.
ASHER DEAN, WE LOVE AND MISS YOU SO MUCH, ESPECIALLY YOUR BRO AZRAEL.
Signed in as:
filler@godaddy.com
GUAM'S DRACONIAN MANDATORY MALPRACTICE ARBITRATION ACT ALLOWS DOCTORS TO COMMIT MEDICAL NEGLIGENCE, KILL OR SERIOUSLY INJURE SOMEONE AND THEN WALK AWAY WITH LITTLE OR NO ACCOUNTABILITY. WE LIKE TO REFER TO IT AS THE APATHY LAW THAT HAS BECOME PART OF THE "PHYSICIAN CULTURE" ON GUAM. DO NOT GET THE WRONG IDEA, WE HAVE SOME GREAT DOCTORS ON GUAM, BUT THIS ACT MAKES IT SO A DOCTOR CAN KILL YOUR CHILD, THEN WALK INTO THE NEXT ROOM, AS IF NOTHING HAPPENED AND SEE ANOTHER PATIENT. THERE IS NO CHECK AND BALANCE SYSTEM OF HEALTH CARE ON GUAM.
MEDICAL MALPRACTICE – MANDATORY ARBITRATION 3 defending a claim in arbitration filed by a petitioner. § 10102. Mandatory Arbitration. Any claim that accrues or is being pursued in the territory of Guam, whether in tort, contract, or otherwise, shall be submitted to mandatory arbitration pursuant to the terms of this Chapter if it is a controversy between the patient, his relatives, his heirs-at-law or personal representative or any third party or other party, and the health professional or health care institution, or their employees or agents, and is based on malpractice, tort, contract, strict liability, or any other alleged violation of a legal duty incident to the acts of the health professional or health care institution, or incident to services rendered or to be rendered by the health professional or health care institution.
REPEAL MANDATORY ARBITRATION ON GUAM, STOP APATHY, SAVE LIVES, IMPROVE MEDICAL CARE.
WE DO THIS FOR ASHER DEAN LUBOFSKY.
It is too late for my son Asher Dean; nothing you can do will benefit him or us. Our suffering will not be alleviated by a repeal of this Apathy Arbitration Act, but we can take some solace to know that other families will not suffer as we and others have by making doctors responsible for destroying lives. Asher was taught the difference between right and wrong and to be responsible, sadly and obviously his doctor and others were not.
HOW CAN WE EXPECT CHANGE OR PROTECTION WHEN SENATORS RECEIVED SO MUCH MONEY FROM THE MEDICAL COMMUNITY.
https://www.kanditnews.com/post/justice-for-asher-report-1-sen-louise-borja-muna
EDITOR'S NOTE: For the past year, Kandit News Group has been advocating alongside David Lubofsky for the Guam Legislature to repeal the antiquated Medical Malpractice Mandatory Arbitration (MMMA) Act. Mr. Lubofsky lost his son, Asher Dean, to medical malpractice on October 31, 2018 at the Guam Memorial Hospital. In December 2019, Speaker Tina Muna Barnes introduced legislation authored by doctors that feigns reform of the MMMA, but does nothing meaningful to repeal the provisions of the law that price the poor and middle class out of seeking justice for medical malpractice. Other senators have expressed their support for repeal; however the majority of senators have remained quiet about the issue. Kandit investigated the campaign contributions received by the 15 members of the Legislature during the 2018 campaign to see if money talks, and BS walks.
By Jacob Nakamura
(Tumon, Guam) Sen. Louise Borja Muna received a sizable portion of her campaign contributions from the medical industry, has yet to take a position on the issue of repealing Guam's antiquated and due-process-killing Medical Malpractice Mandatory Arbitration (MMMA) Act.
Ms. Muna reported that she received $2,600 in political contributions from doctors, clinics, and a pharmacy in 2018 during fundraisers held for her bids for advancement in the Primary Election and her election in November that year.
Dr. Michael Cruz, the Chief Executive Officer of the Guam Regional Medical City, donated $100 to Ms. Muna's campaign. GRMC is a party to at least two active lawsuits for medical malpractice that simultaneously challenges the MMMA as an unconstitutional violation of due process.
Guam Medical Imaging donated $500.
Pacific Urology Consultants donated $500.
Pacific Cardiology Consultants donated $500.
MedPharm donated $500.
Guam XRay donated $500.
The political activism of Guam's medical industry is suspected to play a part in the protection of doctors from liability through public policy favorable to doctors and other medical professionals and businesses.
The most flagrant example of this protectionist stance that Kandit has reported thus far is the formulation of Speaker Tina Muna Barnes's Bill No. 248-35, which placated doctors and was written by doctors while pretending to provide greater access to claimants against malpractice.
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kanditnews.com/post/justice-for-asher-report-2-joe-san-agustin
Can Senator Joe San Agustin advocate for change in the Arbitration law when
senator Joe San Agustin, chairman of the powerful ways and means committee of the Guam Legislature, received nearly 20 percent of his reportable campaign contributions from the medical industry in 2018.
Like Borja Muna, , he never responded to our emails to discuss the law, nor did he attend the INFO meetings at the legislature, but recently he has reached out to us
EDITOR'S NOTE: For the past year, Kandit News Group has been advocating alongside David Lubofsky for the Guam Legislature to repeal the antiquated Medical Malpractice Mandatory Arbitration (MMMA) Act. Mr. Lubofsky lost his son, Asher Dean, to medical malpractice on October 31, 2018 at the Guam Memorial Hospital. In December 2019, Speaker Tina Muna Barnes introduced legislation authored by doctors that feigns reform of the MMMA, but does nothing meaningful to repeal the provisions of the law that price the poor and middle class out of seeking justice for medical malpractice. Other senators have expressed their support for repeal; however the majority of senators have remained quiet about the issue. Kandit investigated the campaign contributions received by the 15 members of the Legislature during the 2018 campaign to see if money talks, and BS walks.
By Jacob Nakamura
(Tumon, Guam) Democrat senator Joe San Agustin, chairman of the powerful ways and means committee of the Guam Legislature, received nearly 20 percent of his reportable campaign contributions from the medical industry in 2018.
According to his election contributions and expenditures reports for the 2018 primary and general elections, Mr. San Agustin received $1,300 from donors associated with the medical industry, out of $7,200 in donations reported at or above $100 a piece.
(Note: the majority of Mr. San Agustin's campaign receipts were earned in fundraisers, where donors bought tickets that were less than $100 each. Guam law does not require disclosure of the identity of donors who contribute less than $100 per candidate in each election.)
The medical industry's considerable interest in Mr. San Agustin's re-election has not yet manifested in action for or against reform and repeal of the Medical Malpractice Mandatory Arbitration (MMMA) Act, which most doctors do not want changed. Mr. San Agustin has neither authored legislation to this effect, nor has taken a stance on the matter thus far.
Speaker Tina Muna Barnes introduced Bill No. 248-35, written by doctors, that provides nominal seed money to defray costs for one or two people per year who make claims against doctors for malpractice. Her bill does not address the due-process-strangling provisions of the MMMA, which is the subject of several lawsuits in the Superior Court of Guam, and the U.S. District Court of Guam.
Medical industry donations into Mr. San Agustin's 2018 campaign include: