Collegiality is the first element of practice-satisfaction. Due process
and incentive are its keys. Dr. Waite's lawsuit won on legal principles ignored in subsequent legislation, the Health Care
Quality Improvement Act of 1986 and the Patient Protection and Affordable Care Act (2010). Thus the social contract is shredded
in the Land of the Free with its slogan, "Equal Justice Under Law", inscribed on its highest court.
Injustice obviously
compromises the quality of a medical career and of care.
Dr. Waite cites pressure from rival surgeons and from a hospital administrator to commit Medicare
billing-fraud. The surgeons sat on the hospital's tissue committee and harassed
Dr. Waite with their selection of cases for review by... themselves! Ensuing litigation (1982-1986) awarded
Dr. Waite over $500,000 in damages. It is important that fines be paid
from personal funds of the perpetrators rather than from public funds, if the fines are to discourage libel:
"Six of my cases were brought up for review by a tissue committee controlled by competitors.
A nurse (sic), employed by the Saint Francis Hospital,
testified that I had the highest rate of complication. Why such testimony was admitted is a matter of some interest, in itself. Liability for bearing false witness
is an important related matter, in itself, and falls under the topic of immunity. Under our gracious new laws, I
would not be able to win $500,000 today were a nurse again caught committing libel."
The "gracious new laws" he cites are the Health Care Quality Improvement Act of 1986, and amendments:
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