- Medical Doctor Testifies To Life Without J.A.I.L. It is no secret that J.A.I.L. has on board representation from every type of profession imaginable, includingMessage 1 of 1 , Jan 31, 2009View Source
Medical Doctor Testifies To
Life Without J.A.I.L.
It is no secret that J.A.I.L. has on board representation from every type of profession imaginable, including current and former judges as well as medical doctors. What follows is the testimony of a former medical doctor who has been with J.A.I.L. for quite some time, and is greatly respected as one of sound mind and judgment. He has sent to J.A.I.L. his testimony under his title, “It’s The Economy, Stupid!”
“It’s The Economy, Stupid”
By Lawrence Agee
Some people wonder what the heck is going on in America . They wonder how this great experiment in freedom and democracy could have gone so wrong. Homes are being foreclosed on in record numbers and people losing their jobs, while fat cats who drove their businesses into the ground are walking off with staggering bonuses. Why is this happening?
In order to understand the big picture, we must first look at the little picture. What is the real story behind the job losses? What is the real story behind the foreclosures? Is it a domino effect? If so, what is the first domino, and what can we, the people, do to correct this?
Two of the three branches of government have been stumbling over each other to “draft a solution” to this problem. The solution de jour is bailouts, i.e. government programs where the government prints money and gives it to various entities. The first chunk of money went to AIG and the banks to keep them out of bankruptcy. The second chunk of money went to the auto companies to keep them out of bankruptcy. Bank of America got a big slice of the pie. What did they do with the money? They acquired Merrill Lynch, assumed their massive debt, and Merrill Lynch paid out 4 billion to their executives. So the
politicians, who say "were for the little guy" actually helped the fat cats get year-end bonuses. We all know what AIG did with their bailout money; they had a nice retreat to a spa. The auto companies flew in on their corporate jets to beg Congress for cash.
But what about the little guy? I'm talking about the little guy who can't get a job. Well, I am one of the little guys who can't get a job. I also had my house foreclosed on. So lets find out what happened to this one little guy, just as an example of the bigger picture. So here is a tiny bit of my story.
Ironically, Congress, the very same Congress that just passed the 820 billion dollar economic stimulus bill to "create jobs" is actually directly responsible for putting me out of work. And this is how they did it.
You would think that an American citizen, a graduate of an American medical school, would be able to find a job. There are plenty of foreign doctors out there who practice medicine in America . So why can they get jobs and how come I, an American doctor, can't? The reason is this: my name appears on a blacklist, a federal blacklist created by Congress about 20 years ago.
When this federal blacklist was created, the intention was to "weed out" all of the "bad doctors" and put their names on this list. It became common knowledge if your name was on this list, you were never going to work ever again. This is great news for the "general public" who will be protected from all these "bad doctors" out there.
So the fact that my name appears on this blacklist would indicate that I must be a "bad doctor" and I must be punished like a bad dog. One might assume I had multiple malpractice suits or multiple patient complaints. But this funny thing is, neither of these things is true. My name appears on this blacklist because someone who does not know me said I had PTSD. [Post-Traumatic Stress Disorder – a diagnoses of a high percentage of our military men returning from Iraq ].
Now if it was true that I had PTSD, I would wonder why such a diagnosis would prevent someone from working, and why such information should ever appear in a government computer. But in reality, the person who said this about me, a secretary from a hospital I barely set foot in, lied. They just flat out lied.
Now you would think that if this information was a lie, that I could easily get it erased from my record. But this is not the way it is. Once my name appeared on this blacklist, fiction became fact, as if etched in stone. Guess what happened next? I was prosecuted just like I was a felon. Actually, I was treated much worse than a felon. A felon has the presumption of innocence, gets assigned a lawyer, and gets a fair trial before a jury of peers.
A doctor [however] enjoys the presumption of guilt, is not entitled to a lawyer, has no jury of peers and gets all the “benefits” of "administrative law" where hearsay (i.e. fiction) is evidence.
I was prosecuted in two states simultaneously for PTSD (which, by the way isn't a crime). I was put on trial in two states. I had my license suspended in two states. I was fired from my job. I became unemployed.
You would think I could just "file an appeal" and get it all straightened out. I tried to hire a lawyer. One of them said "this is going to be very expensive" and wanted a $250,000 "retainer" before he would even look at my case. So, once again, I was forced to go the appeal alone.
My first effort to file an appeal was returned to me with the following words on the top of my papers "wrong court." This is all they said. No one would tell me what the "right court" was.
Eventually, I filed a lawsuit in the federal court in Sacramento . The lawyer for the California medical board immediately filed a "motion to dismiss." …. and my case was "thrown out." And that's where my life was left. Out of work. No job. No prospects. It was pretty easy for them to do this to me.
I tried to get a job somewhere doing something, but no one wanted to hire a "suspended doctor." It was as if I had the plague. I tried to get a volunteer job at a free clinic in Baja California . Even they didn't want me. The woman I spoke to only wanted to know "where are you currently licensed." When I tried to explain my situation, she laughed at me.
So overnight, I went from being in the top 1% of wage earners in America , to the bottom 1%. A doctor from India could work in America . A doctor from Iran could work in America . But I couldn't. …. I had no source of income, and no savings. The next thing to go was my retirement account. Of course, there are late fees and penalties. So that lasted a few years, now that is gone. Once the money is gone, the foreclosure process begins.
Finally, after 8 years of complaining, this "data bank" removed the false information from my record. However, this did nothing to remedy the 4 other "adverse action reports" that resulted from the first false report.
So now, here I am, involved in yet another lawsuit, still trying to clear my name from this blacklist. How many years will this one take? And of course, the government will file a "motion to dismiss" or a "failed to state a claim upon which relief can be granted" or maybe the classic "res judicata" and my case will just go away. And I will still be unemployed.
And this is what is going on out there. In this case, Congress was not the solution. Congress created the problem when they created the blacklist. The courts are not there to correct the mistakes, they only seem concerned with keeping people like me out of court. The executive branch oversees this data bank. They have demonstrated zero motivation to fix this, even when it is
glaringly obvious they made a grave error.
The three branches of government are tossing gobs of money (our money) at this employment and foreclosure problem. But they are failing to see the big picture. Congress created this blacklist. If it isn't working, then they can do away with it. They chose to ignore the problem. Furthermore, the courts can
fix the problem by allowing litigation to proceed without blocking our access.
Unless we can get into court, how can we fix this? The courts would rather dismiss us. The executive branch could see to it that such problems do not happen. They also ignore the issue. But no one is actually addressing the problem. They are borrowing money from taxpayers, transferring the money to fat
cats to pay bonuses and little guys like me remain out of work and we lose our homes. This one problem could be fixed with the stroke of a pen and I could go back to work. It does not require money. It requires a change in their stupid policy.
Lawrence Agee , MD