By Dec. 18, Jamie Court, head of the Santa Monica-based advocacy group and initiative promoter Consumer Watchdog, called on Attorney General Kamala Harris, the California Medical Board and the Alameda County district attorney to investigate.
“As you probably know,” Court wrote to the authorities and to the rest of us, “in a case where negligence is suspected, California law makes it highly advantageous for the medical providers and facilities involved if children die in hospitals rather than live a lifetime with catastrophic injuries and significant medical costs.”
“Under a 38-year-old law, the Medical Injury Compensation Reform Act (MICRA), that has never been indexed for inflation, the most a family can recover in court for the loss of a child is $250,000, no matter how egregious the malpractice. By contrast, the hospital would be responsible for a lifetime of care and caretaking, if the patient lives. In the hospital’s rush to terminate Jahi’s life, this conflict of interest was no doubt never explained to the family.”
Last week, Court took went over the top. In one of the tackiest fundraising appeals I’ve ever seen, Court’s email blast opened by saying: “Consumer Watchdog’s patient safety project fights for families like Jahi’s. We’re working to expose medical negligence and save lives. Please help our fight with a tax-deductible contribution.”