- :Is the certificate of merit constitutional?
Protect the Rights of Medical Malpractice Victims
A SUMMARY OF THIS PETITION.:
Did You Know? The lobbyists on behalf of the "Insurance Capitol of the World" located in Hartford, Connecticut have created a tool for the insurance conglomerates and the megabanks which will only benefit the rich, who will flourish no matter what is going on with this economy. The insurance conglomerate does not consider the poor who cannot afford their tool called the Certificate of Merit which costs between $10,000 - $20,000. The Certifcate of Merit was designed to deprive victims of medical malpractice of their Seventh Amendment right to the United States Constitution, which is your right to a trial by jury.
Patients are being discriminated against on many levels by the insurance industry.
Hi, my name is Sylvester Traylor, I am a Veteran of the United States Army. On March 1, 2004, I lost my wife to medical malpractice because of a civilian doctor's negleance in prescribing to my wife the wrong medication while failing to return any urgent telephone calls. The doctor, Dr. Bassam Awwa's own attorney's has even admitted in open court during a legal proceeding that his client destroyed my wife's medical records, but it would appear that I am being deprived of my due process and equal protection rights to seek judicial remedies because of an unconstitutional law which is targeting people of poverty rights and their access to the courts.
The Certificate of Merit has been “Struck Down” by the Washington State Supreme Court, and four other states. See the enclosed video.
However, it would appear that the lobbyists on behalf of the "Insurance Capitol of the World" who were in fact instrumental in drafting and enacting such an unconstitutional law, are in fact engaging in corruption by attending an annual party for the meeting of the minds called the Red Wine Night in Hartford, Connecticut. Who attends this party? The Connecticut Trial Lawyers Association, the defense lawyers for the Insurance industry, the Insurance Industry lobbyists, the State legislators, the judges, the Connecticut Attorney General, the State Congressmen, the State Senators, and even the Governor of Connecticut. As a citizen of the State of Connecticut, I was only invited to the Red Wine Party as an observer to be shown how laws are being made in the State of Connecticut.
Whatever happened to the intended expression of the United States Constitution “For the People, by the People”? It would appear that in the State of Connecticut the insurance industry has taken this phrase to new levels of meaning: “For the Insurance Industry and by the Insurance Industry.” I didn’t know this phrase was in our constitution. Whatever happened to citizen’s rights to vote on laws that will have an impact on their constitutional rights, due process, equal protection and/or their rights to challenge an unconstitutional law in the State of Connecticut?
If you can be so kind to sign this petition, it will be greatly appreciated because some circumstances we can predict, but medical malpractice we cannot.
Finally, whatever you can do to assist in any effort to support the change of this unconstitutional law, it will be greatly appreciated.
Thank you, in anticipation.
Yours truly, Sylvester Traylor
BACKGROUND OF AN UNCONSTITUTIONAL LAW
Hartford, Connecticut is in fact the "Insurance Capitol of the World," and its lobbyist has influenced legislation within the United States jurisprudence, with the enactment of CGS. 52-190a, called the Certificate of Merit.
* In 1996, 140 insurance companies were headquartered in Connecticut. See View and views from the Hallways of Government, Hartford Courant, Aug. 2, 1996, at A3.
* Ever since the late eighteenth century, when merchant ship owners decided to pool their losses, Connecticut has been a prominent location for the insurance industry. As a result, Connecticut is a convenient venue for litigation of insurance coverage, as so many insurers can be found in Hartford, Connecticut.
Needless to say, all of our states legislators have sworn to uphold the United State’s Constitution, which will provide protection to all of its citizens, over special interest groups. Under the constitution, a citizen of the United States is no more or no less so a citizen because one happens to be poor or wealthy. This is the clear and strong imperative of the United States Constitution's equal protection clause. This is at the heart of Lincoln's vision of 'government of the people, by the people, [and] for the people.'
However, the "Insurance Capitol of the World" has lobbyists, who along with some state legislators have deprived us of our basic fundamental and Due Process Rights of seeking remedies through the Judicial Process by creating a Pre-litigation Tax on the Poor, which has added INSULT TO INJURY and constitutes a very serious harm to the victims of medical malpractice. Not everyone in the United States can afford to pay $10,000 to $20,000 for the Certificate of Merit.
What if your family and/or friends are faced with a medical malpractice case within the states that have enacted such a law? To be more succinct, as of this present day, medical malpractice victims’ rights are viewed to be invisible in some states.
It would appear that the insurance lobbyists have created a modern day Poll Tax Law, and the state legislators do not care and/or know that there is a cost factor for the Certificate of Merit. What was the Poll Tax? Poll taxes appeared in the southern states during the civil rights movement as a measure to prevent African Americans from voting. The cost for the indigent African-Americans to vote was $1.52. However, the Twenty-fourth Amendment (Amendment XXIV) prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of taxes.The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.
Where are the people, who are in extreme poverty going to get the money to pay for a Certificate of Merit? Welfare, which is for the poorest of the poor, does not provide legal remedies regarding the Certificate of Merit.
How can you expect a family of four who live on an annual income of $11,000 or less, to be able to afford to pay for the Certificate of Merit if they are faced with a medical malpractice action?
Nearly 44 million people were living in poverty in 2011, which was more than 14 percent of the American population and a jump of four million from the previous year. Anyone who thinks things are much better now is delirious. More than 15 million children are poor — one of every five kids in the United States. More than a quarter of all (Blacks) and a similar percentage of (Hispanics) are poor.
What if you and/or your friends cannot afford the Pre-litigation Tax on the Poor which creates an unconstitutional monetary barrier and burdensome, contrary to the open access to courts doctrine? Is the promise of the 14th. Amendment binding and enforceable by the “State Actors”? If the answer to this question is in the negative, then where is your protection if you cannot afford the certificate of merit? If the answer to this question is in the positive, then I am hereby requesting that you sign this petition in support that any Pre-litigation Tax manifested through the payment of a certificate of merit violates the people’s open access to the courts.
HISTORY OF THE OPEN COURT DOCTRINE
The Open Court Doctrine guarantees consistent with the provision's venerable lineage, which can be traced back to Chapter 40 of Magna Carta in 1215. William S. McKechnie, Magna Carta, A Commentary on the Great Charter of King John 395 (2d ed. 1914). Chapter 40 declared: "To no one will we sell, to no one will we deny, or delay right or justice." Magna Carta, Ch. 40 (1215).
The U.S. Constitution contains an implicit guarantee of access to justice. See Christopher v. Harbury, 536 U.S. 403, 415 n.l2, 122 S. Ct 2179, 153 L. Ed. 2d 413 (2002) (holding that the right of access to the courts is "grounded ..• in the Article IV Privileges and Immunities Clause, the First Amendment Petition Clause, the Fifth Amendment Due Process Clause, and the Fourteenth Amendment Equal Protection and Due Process Clauses."). The Supreme Court has also held the right to be fundamental. See, e.g., Lewis v. Casey, 518 U.S. 343, 346,116 S. Ct 2174,135 L. Ed. 2d 606 (1996).
The certificate of merit constitutes a significant obstacle, contrary to this history, for two fundamental reasons: 1). First, it is inconsistent with the Magna Carta, Ch. 40 (1215). “To no one will we sell, to no one will we deny, or delay right or justice." The victims should be given the benefit of necessary discovery to prove the case. 2). Second, it unconstitutionally imposes additional and substantial costs to Pre-litigation Tax on the Poor, who cannot afford the $10,000 to $20,000 requirement.
Attorneys, in the states, who have enacted such laws like the Certificate of Merit, “ARE NOT” obligated to pay for the modern day Poll Tax Law. Therefore, should Americans fail to obtain a Certificate of Merit, their due process and equal protection rights will be violated under the 14th Amendment of the United States Constitution and Connecticut Constitution Article First Sec. 1, 10, and 20 and Article Fifth (separation of powers) in seeking judicial remedies for a medical malpractice claim.
The question before you today is: Does the Certificate of Merit create a modern day Poll Tax Law for poor people? What is the impact of the Certificate of Merit on poor people rights? Can the poor people of America even afford the Certificate of Merit? How does the Certificate of Merit violate the poor people of America due process clause to both the State Constitution and United States Constitution?
In support of the above statement see: The United States Supreme Court has ruled against the State of Connecticut once before for violating poor people fundamental right to have access to its courts. See Boddie ET. AL. v. Connecticut ET. Al. 401 U.S. 371; 91 S. Ct. 780; 28 L. ed. 2d. 113; 1971.
LIABILITY FOR PAIN AND SUFFERING
The question is: Has a doctor ever caused the death of a person which could have been preventable? Has a doctor ever caused a medical error, due to his or her own negligence or wrongdoing which has caused serious or permanent injury, disfigurement or disability to a patient?
The alternative question is this: If not, what is the purpose for medical malpractice insurance? And if there is a purpose, then why the medical malpractice rates for a doctor, who "did not" commit medical malpractice continuing to increase every year, regardless of what's going on with this economy?
As described by Justice Shea in Sanzone v. Board of Police Commissioners, 219 Conn. 179, 185 (1991), "[t]he Tort Reform Act was drafted in response in rapidly rising insurance rates, which, some believed, would be curtailed if tort liability could be limited and systematized. As finally enacted, the act represents a complex web of interdependent concessions and bargains struck by hostile interest groups and individuals of opposing philosophical positions."
The legislative purpose of reducing insurance rates and the frequency of lawsuits has "NO bearing" on the abolition of joint and several liability: The existence of an insurance crisis has not been clearly established. Although many legislators no doubt believed that tort reform was a necessary method to alleviate a crisis in liability insurance, the skyrocketing premiums and the unavailability of insurance in the mid 1980's were caused by two factors:
· A.) Irresponsible cash flow underwriting during the preceding period of high interest rates and
· B.) The manipulation of the supply of insurance by major elements in the industry itself. An insurance company is not only an underwriter of risk but also an investor. As observed by one publication:
2.a For many years, insurance carriers slashed premium prices and wrote as much insurance as they could get. Many companies abandoned traditional underwriting standards and competed fiercely for premium dollars they could invest in high yield debt. This so called cash-flow underwriting is probably responsible for most of the damage to company balance sheets today. The party ended when interest rates declined just as claims began to pour in. With careful management, these mistakes can be corrected. But instead, the industry has spent most of its time and energy lately mobilizing attacks on the U.S. tort system like the Certificate of Merit.
2.b Business Week, March 10, 1986. See also, Peck, Constitutional Challenges to the Partial Rejection and Modification of the Common Law Rule of Joint and Several Liability, 62 Wash. L. Rev. 681, 688 (1987); Phillips, Tort Reform and Insurance Crisis in the Second Half of 1986, 22 Gonzaga L. Rev. 277 (1986/1987). Moreover, depriving victims of tortfeasors of compensation for injuries from solvent tortfeasors simply because other tortfeasors also harmed plaintiff is not a rational legislative response to the perceived insurance crisis. Tortfeasors is defined as: A wrongdoer, an individual who commits a wrongful act that injuries another and for which the law provides a legal right to seek relief as a defendant in a civil tort action.
Additionally, have you ever wondered why there are differences in coverage amounts paid to doctors for the same services?
Why do you think the insurance industry spent 7 million dollars in one week to challenge President Obama’s Healthcare Law? Needless to say, on July 2, 2012, the United States Supreme Court upheld the constitutionality of President Obama’s law declaring that it will be unlawful to deny individual policies and prohibit insurers from denying coverage on the basis of pre-existing conditions.
Patients are being discriminated against on many levels by the insurance industry. Non-insured patients have always struggled to find adequate medical care. Now, insured patients may struggle to find quality care based on who their provider is because of “concierge selection” by doctors.
Once again, some circumstances we can predict, but medical malpractice we cannot. Protect the living from medical malpractice. Sign this petition, to stop a modern day Poll Tax law called the "Certificate of Merit" which is in fact a Pre-litigation Tax on the Poor.
For further information concerning consolidating medical malpractice actions nationwide, feel free to contact me at:
• My email address: email@example.com
• 881 Vauxhall St. Ext. Quaker Hill, CT. 06375 or Telephone (860) 331-4436
- :Is the certificate of merit constitutional?
I just signed the following petition:
I think that this is a worthwhile petition because the insurance companies should not have this kind of control over a victim's access to a jury trial especially while there are doctors who cause deaths that could have been preventable, serious or permanent injury, disfigurement or disability to a patient.
The victim’s open access to courts doctrine is being challenged by Hartford, Connecticut, the "Insurance Capital of the World", which has created an unconstitutional monetary barrier through a Pre-litigation Tax on the Poor, called the Certificate of Merit.
For patients who are injured or the family members of those who have died as a result of medical malpractice or negligence, the civil justice system is the last resort and the courtroom is the only place where they can seek justice against powerful interests on a level playing field.
We hereby oppose this modern day Poll Tax Law. We further adamantly oppose any legislation seeking to restrict the rights of the victims of medical malpractice to maintain the open access to courts doctrine, justice without delay and the right to a jury trial.
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