Healthcareproviders and preexisting conditions | 55 comments (55 topical, 0 hidden)
your view? (none / 0)
So what is your vote to the question that I posed in the article about gathering cases and filing class action suits thereby bypassing washington and the lobbyists and instigate change yourself? :-D

Love Thothlike

by Thothlike on 11/04/2009 09:41:58 AM EST

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No further questions (none / 1)
I'm not exactly Atticus Finch, but I'm pretty sure a lawsuit, class action or otherwise, is a waste of time unless you can cite some kind of precedent or basis in law on which to build it....and said law is made in Washington, the very place you want to "bypass."

Even poor Twba, whose whole house burned down around him while he was on the phone with State Farm, would be left out in the cold wearing nothing but his bootstraps.

by OneHitKill on 11/04/2009 11:04:19 AM EST

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precedent... (none / 0)
There is precedent...
Now the lawers might know more or better precedent-cases but I remember a case back in the 90'ies (can't for the life of me remember the name of the case but you can check...) that dealt with insurance and cancer...

A guy had been turned down insurance for his cancer for preexisting condition and was dying... and he sued and won when it came out in the trial (because of a whistleblower from the insurance compagny incl internal memos) that they had a department whose only function was making up reasons for denying coverage plus an incentive program to the caseworkers that denied the most cases and therefor saved the compagny the most money... he won and got avarded over 100mill$ in damages... he still died (it was to late to do something for him) but his family got the money... but that's the only one I know of... but more could be out there...

But even if no precedents exists you could still make one by fx. taking the ridiculous cases like the case TYT took up not so long ago about the guy who got denied cancer treatment becase of a preexisting condition of acne in his teens that he hadn't disclosed in his papers and all the others like it and make the case that they (the insurance compagnies) de facto assisted in killing (or are in the process of killing for those who have a lifethreatening dissease but isn't dead yet) all those people by not covering them as they payed the compagn ies for in their premiums and then seek money for the medical treatment and emotional damage both for those still alive and for the familymembers of the dead...

And even if you only get 10mill dollars/person (not the 100mill+ dollars as in the case I mentioned before) as stated in my article you can still hurt them enough for them to change policy...

Love Thothlike

by Thothlike on 11/04/2009 11:40:11 AM EST

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Anybody got a link? (none / 0)
but I remember a case back in the 90'ies (can't for the life of me remember the name of the case but you can check...)

I can't find the case you're talking about, but it sounds like the provider was guilty of some level of misrepresentation. That may have been their undoing, regardless of the plaintiff's medical condition.

by OneHitKill on 11/04/2009 08:43:27 PM EST

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true... (none / 0)
But even if there is no presedent... then here's the opportunity to set one...

I have sent a letter to ACLU asking whether such a lawsuit would be posible but I havn't heard back yet...

But I'll post their answer here and if it's possible I'll write TYT and surgest it...

And everybody else who thinks it's a good idea write them to and make it happen :-D

Love Thothlike

by Thothlike on 11/05/2009 05:52:47 AM EST

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interesting... (none / 0)
But it's an interesting question you pose... I'm definetly NOT a lawer so maybe someone who can answer this question (ie lawer etc.) could post an answer to this post...

Is such a lawsuit as I have proposed in my article even possible?

Love thothlike

by Thothlike on 11/04/2009 11:51:20 AM EST

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Healthcareproviders and preexisting conditions | 55 comments (55 topical, 0 hidden)