In the world of medical practice, there are different kinds of mistakes. Some are classified as those that never should happen. Like operating on the wrong leg or the wrong patient. Or transfusing with mismatching blood. Simple system controls should make these never-happen events the stuff of fiction.

So what happens when surgery gets done on the wrong leg or the wrong person. In the perfect world, it should be very simple. Those who made the mistake should apologize, cover the patient’s harms and losses, and improve their systems to make sure these things don’t recur. That’ s not too hard.

But that often doesn’t happen. In many cases, the hospital or physician goes so far as to bill for the mistaken procedure. Let me see if I’ve got this straight: A patient goes in for surgery on a right hernia, and the surgical team mistakenly opens the left side, checks it, finds it’s fine, and then opens and repairs the right. Tell me you’re not really going to bill for the mistake?!

Oddly enough, it happens way too often. Here’s a url of a recent summary of the issue: http://www.msnbc.msn.com/id/23341360/

Interestingly, the story talks about patients who describe themselves as non-litigous being outraged to the point of filing a claim when billed for these procedures. I know that the talk show commentators report otherwise and that politicians love to push the notion that everyone sues. Not so. From the trenches a simple truth emerges. Very few people want to revisit the mistakes that left them horribly injured, and even fewer want to go to court. But read their stories, especially if you think that the civil justice system is broken or that the courthouse doors should be locked tight against those with injury claims.

David F. Sugerman

The United States Equal Employment Opportunity Commission (EEOC) filed suit in federal court in Portland on behalf of several female employees who claim to have been sexually harassed at Fred Meyer’s Oregon City store. Here is the url to the news report: http://www.msnbc.msn.com/id/23358954

According to news reports, the EEOC claims that Fred Meyer managers sexually harassed several female employees and then retaliated against the employees when they complained.

I suppose some might be critical that the government agency that is supposed to enforce discrimination laws filed suit. But speaking as someone who represents employees, it’s refreshing to see that the EEOC is enforcing employment discrimination laws.

David F. Sugerman

Today, the Oregon Supreme Court ruled that caps on non-economic damages in wrongful death claims do not violate the Oregon constitution. In Hughes v. PeaceHealth, the Court declined to find the caps unconstitutional. Here is the link for the opinion: http://www.publications.ojd.state.or.us/S053447.htm.

Justice Walters’ dissenting opinion features one of the most eloquent descriptions of the jury system that I have ever read. It bears quoting here, as her prose is as brilliant as her analysis:

“The 12 in whom our constitution places its trust are the 12 who hear each word spoken from the stand, and the silences between. They are the 12 whose eyes watch others’ eyes and take their measure. By their absence, legislators cannot fill that role. Legislators may decide the categories of harm the state should address and the categories of persons who may bring claims in courts of law. But only jurors can shake right out from wrong for individual human beings and do them justice. ”

For those keeping score at home, the outcome is a bit hard to fathom. As to general injury cases, the Oregon legislature cannot place caps on the damages recoverable by injured consumers because those caps run afoul of the Oregon constitution. Ironically, if the injured consumer dies from the injuries, the recovery may be capped.

Go figure.

David F. Sugerman

Goodness, what with all the Western Culinary Institute back and forth, I’ve missed a favorite sleeper story about Comcast. Last week, metropolitan Multnomah County’s Mt. Hood Cable Commission announced that it was fining Comcast $43,899 for failing to notify Oregon subscribers about changes in their cable service.

Here’s the link to the press release: http://www.mhcrc.org/docs/PressRelease30dayViolation.pdf

Comcast has roughly 150,000 subscribers in Multnomah County. In October 2007, Comcast unilaterally moved five popular basic cable channels to a more expensive digital tier. You want to continue MSNBC? You get to pay at least a dollar more per month. According to the Cable Commission, Comcast made the changes without giving 30-days notice to subscribers. Subscribers apparently received notice 10 to 20 days late.

Full disclosure: the author represents consumers in a case against Comcast over what the consumers claim were illegally charged late fees. One of the allegations in the case is that Comcast failed to provide timely notice before levying late fees.

Interestingly, the Cable Commission prefers that Comcast provide a credit to affected subscribers. But in the alternative, Comcast can pay the fine of $43,899 to the Cable Commission.

Should be interesting to see what happens next on this one.

David F. Sugerman

Wow, here’s something cool about how the internet is providing consumers with new tools to fight corporate abuses.

I stumbled on a Facebook group devoted to consumers’ concerns over CEC, the owner of many private trade schools, including Portland’s Western Culinary Institute. The man behind the group is Charles Hobbs. I’m in awe of his energy and organizing ability. While I don’t know his story directly, I’m guessing that he got burned by one of the CEC programs and decided to take action.

Here’s his IADT Truth Advocates facebook page: http://www.facebook.com/group.php?gid=5604847490

And if that’s not enough, the page reports that CBS is coming out with a news piece on CEC and some of the claims made by consumers.

It’s refreshing to see Mr. Hobbs and others using the internet in a constructive way to provide information to consumers. The networking process provides a great tool in fighting those businesses that seem committed to doing things the wrong way. Nothing like good old fashioned information to help consumers make smart choices.

Update: Facebook purged this site, as reported in a later entry. It appears that Mr. Hobbs has been banned from Facebook, in what sounds like a chilling case of corporate-driven web censorship. See the later entry on this important topic: www.pspc.com/2008/03/did-facebook-bow-to-pressure-from-career-education-corp

David F. Sugerman

I have been retained to investigate possible consumer fraud and breach of contract claims against Western Culinary Institute. Along with my friend and colleague, Portland attorney Brian Campf, I am interested in talking to students (current and past) of WCI about their experiences there.

Feel free to contact me: dfs@pspc.com.

David F. Sugerman