Personal Injury Lawyers

Jacksonville, Florida

News

Medical Malpractice verdict of $6.2 million for UNF professors survivors. Read more.

District's bucket of facts is leaky
Editorial by W. Marc Hardesty
As Published by the Florida Times-Union
The water withdrawal scheme concocted by the St. Johns River Water Management District and Seminole County defies logic and scientific facts. In fact, their position simply does not hold water.

Interestingly, in a May 1 article titled "Florida fights Georgia water plan," it was reported that Florida is opposing Georgia's water withdrawal due to the adverse effect already seen in Apalachicola Bay.

The result of last year's Georgia experiment was increased salinity levels, which resulted in oyster kills throughout the bay.

This is precisely the same issue presented if millions of gallons of fresh water are taken out of the St. Johns River and piped to the uncontrollable and mismanaged growth of Seminole County.

I encourage Kirby Green, the executive director of the management district, to do a third-grade science experiment and see for himself.

Take a glass of water and take a sip. Now, add two spoons of salt (I bet the salt sinks because it is heavier) and mix it up (tidal action). Does it taste different?

The point is that simple. As freshwater flow is reduced at a rate of up to 262 million gallons a day, the incoming tidal action brings heavier salt water up river, increasing the salinity level. It harms the estuaries throughout St. Johns River system and the Timucuan preserve.

The delicate balance of survivability is skewed, causing the marine plants and fixed marine organisms, such as oysters, to die, while causing loss of habitat for many crustaceans, fin fish, sea birds, coastal mammals and marine reptiles.

While Michael Sole, state secretary for the Department of Environmental Protection, addressed the "potentially disastrous" effect of the Georgia water withdrawal scheme in Apalachicola, the St. Johns River Water Management District chooses to continue rearranging the deck chairs on the Titanic.

Meanwhile, Sole warned of the higher salinity levels causing destruction.

He stated, "If the water withdrawal is implemented, it would starve the Apalachicola River and Apalachicola Bay of freshwater flows needed to sustain those ecosystems, and the species and economies dependent on them."

Maybe Sole can show the management district how to do that third-grade science experiment.

Additionally, the pumping station proposed at Yankee Lake to undertake the river depletion will cost many millions of taxpayer dollars.

But, that will pale in comparison to the millions we will spend in a failed attempt to correct this folly in the future.

We are seeing the facts unfold in the Panhandle of Florida.

Shouldn't we learn from that disaster and say no to this scheme before it is too late and too expensive?

W. MARC HARDESTY

 

 

Medical Malpractice Caps Are Wrong
Most of us woke up Thursday morning June 26, 2003 poured our cup of coffee and looked at the front page of the paper and then looked again. The front page article "50-50 chance doc does things right" was chilling and should be a wake up call to all of us. The article outlined the results conducted by the highly respected RAND institute regarding the medical treatment of 20,000 randomly chosen patients. The New England Journal of Medicine editors are printing these valid results, so why is Gov. Bush and House Speaker Johnnie Byrd ignoring the disturbing truth and continuing to try and force Malpractice Caps? Sadly the answer is Big Insurance money and the Florida Medical Association (FMA) who tolerates the 50-50 results where half the patients studied were not cared for appropriately by their physician.

Indeed, there are some bad doctors but there are also good physicians placed in bad situations by guess who, the Insurance Industry. Many times each day physicians prescribe medically necessary diagnostic tests, medications and surgical procedures that are delayed by the insurance industry adjuster or worse, they are denied entirely. The result is the cause or at least a contribution to poor treatment and resulting medical malpractice due to insurance delays or outright denial. Is there any accountability by the Insurance Industry? Unfortunately not, because Gov. Bush and House Speaker Byrd are looking the other way, and that way is the 8 fundraisers that Byrd and his cronies held during 4 days of the recent special session. Who attended these fundraisers? You guessed it Big Insurance and the Florida Medical Association lobbyists. It is a shame when some of our elected officials are led by insurance contributions rather than what is right for the citizens they represent.

It is time to commend the State Senate and Senate President Jim King for resisting the pressure of Bush and Byrd while seeking the truth and what is best for our citizens. While Bush and Byrd raise their hands to pocket insurance contributions the Senate is seeking the truth by considering a measure to require Insurance and FMA executives to raise their right hands and testify under oath regarding the outrageous medical malpractice premiums charged physicians and to provide real accountings that include insurance profits. So far, the Insurance industry is not willing. The fair answer is to force the Insurance industry roll back premiums to reasonable levels, force the insurance industry to be accountable when necessary treatment is delayed or denied and to discipline and closely monitor the minority of truly poor doctors. Limiting the rights of the victim is just plain wrong and thankfully the State Senate agrees. Caps are not the answer.

W. Marc Hardesty
Hardesty, Tyde, Green & Ashton, P.A.
4004 Atlantic Blvd
Jacksonville, Fl 32207

Ph: 904-398-2212