One more reason we need socialized medicine, eliminate doctors suing insurance companies (H/T- Helga)

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It seems that Mr. Unruh promised more then he could provide;

Oh, but that’s the ‘catch’ of a quacktor-pracktor, “You’ll be fine if you just keep coming in to get ‘treatments’ ” I told my mom once “If bone-benders really worked, why do you have to keep going back to them for treatments?”

#25403 WEDNESDAY, Case 3, Unruh v. DeSmet Insurance

Dorothy and Henry Lentsch were injured in a motor vehicle accident caused by the negligence of a driver insured by DeSmet Insurance Company (“DeSmet”).  Unruh Chiropractic Clinic (“Unruh”) treated Lentsches for their accident-related injuries.   Prior to treatment, Lentsches executed assignments of the “proceeds” of their personal injury claims against the negligent driver.  The assignments were limited to the extent chiropractic services were provided. The assignments gave Unruh a right to the proceeds from any settlement DeSmet paid on behalf of the negligent driver.

Unruh served notices of the assignments on DeSmet.  The notices informed DeSmet that if Lentsches had any unpaid chiropractic services, DeSmet “must include” Unruh as a payee on any settlement checks.  Lentsches’ son, as attorney-in-fact for his parents, subsequently settled their claims and executed releases.  The releases provided that the Lentsches would be responsible for paying their medical care providers.  Thereafter, DeSmet delivered the settlement checks directly to the Lentsches, and Unruh was not made a joint payee.

Unruh contacted Lentsches and demanded that they pay their outstanding balances due for the chiropractic services provided.  Lentsches refused.  Unruh then demanded payment from DeSmet.  DeSmet also refused.

Unruh sued DeSmet, seeking to enforce the assignments.  DeSmet brought the Lentsches into the lawsuit as third-party defendants.  Unruh and DeSmet filed cross motions for summary judgment.  A magistrate court granted summary judgment in favor of Unruh and against DeSmet.  The court acknowledged that an assignment of a “claim” for personal injuries is invalid and unenforceable under the common law. The court, however, concluded that an assignment of “proceeds” is distinguishable from the common-law prohibition on the assignment of claims. Therefore, the magistrate court concluded that Lentsches’ assignments of proceeds were valid and enforceable.

DeSmet appealed to the circuit court, arguing that assignments of proceeds violate public policy.  The circuit court acknowledged a split authority in other states regarding the validity of assignments of proceeds of personal injury claims.  The circuit court followed those authorities distinguishing between assignments of proceeds and assignments of claims.  The court also found that there was no public policy reason to preclude an assignment of proceeds.  It therefore held that the assignments in this case were valid, and it affirmed the magistrate court.

DeSmet now appeals to this Court.  The Court must determine the validity of assignments of proceeds of personal injury claims.

Mr. James R. Even, Attorney for Plaintiff and Appellee A. Unruh Chiropractic Clinic

Mr. Larry M. Von Wald, Attorney for Defendant and Appellant DeSmet Insurance Company of South Dakota

Healthcare reform? WTF is that?

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I have a solution, why don’t we all just drop our health insurance tomorrow and refuse to pay our bills and doctors, that oughta drive down the price of healthcare;

I was very much taken back by the article in the June 6 Argus Leader regarding Wellmark Blue Cross Blue Shield’s plans for an 18 percent rate hike in South Dakota.

As with the 18th-century saying, “Let them eat cake,” the Wellmark spokesman who suggested in the article that a healthy 60-year-old just “grin and bear it on the insurance” is likewise oblivious to the problem.

According to the chart that accompanied the article, Wellmark has doubled the premiums on its individual health insurance policies in only six years (remember, you must compound, not only add, the numbers in the chart).

This last statement in this letter to the editor says it all;

Our health care system, especially when it comes to cost, needs a radical overhaul, something the recent federal legislation will not accomplish. The system is more than just a little bit broken.

One must beg the question of who represents the health care consumer? From my perspective, no one, no one at all.

I find it ironic that after the insurance industry beat the crap out of Washington and got their way the next thing they did was raise their rates, 18%, even though it was 18 times higher then the rate of inflation.

And you think DaCola is famous for political potty mouthness

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I guess this is what a ‘Big F’ing Deal looks like.’

Joe Biden Nails it!

Washington (CNN) – In the White House room where Abigail Adams used to air out her clean laundry, Vice President Joe Biden used some dirty language.

A microphone picked up Biden uttering the “F” word Tuesday in the majestic East Room of the White House, as President Obama signed the historic health care reform bill into law.

After delivering a rousing introduction of the president in which he praised Obama’s “perseverance” and “clarity of purpose,” Biden turned to embrace his boss.

As the crowd of approximately 300 people cheered wildly, Biden turned to Obama and said with a big smile, “This is a big f– deal!”

The president did not react to the comment, apparently aware that the microphones may have picked up the words.

Shortly after the ceremony, White House Press Secretary used his Twitter feed to try and diffuse any controversy.

“And yes Mr. Vice President, you’re right…” Gibbs tweeted from his @PressSec Twitter account.

An aide to the vice president pointed reporters seeking comment to Gibb’s tweet.

The vice president is known for unscripted moments, but not in such a high-profile setting as a bill-signing ceremony in the East Room. According to the White House Historical Association, first lady Abigail Adams was famous for using the room to dry her laundry. President John F. Kennedy lay in state in the East Room after his assassination in 1963.

U.S. Chamber Dwarfs Other Groups For Health Care Lobbying (H/T – Helga)

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Why is the US Chamber of Commerce spending soooooo much money to stick it to the little man?

The top-spending groups on health care reform generally spent about as much lobbying last year as they did in 2008 — with one notable exception. The U.S. Chamber of Commerce stood out not only for consistently outspending other groups, but also for nearly doubling its lobbying spending over the previous year. In the fourth quarter of 2009 alone, the group’s outflows easily topped the amount spent by any other group all year.

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