Deadly Canadian Care

An Illinois physician is arguing that actress Natasha Richardson might have survived her skiing accident if it had occurred in the United States rather than Canada. Explains Dr. Cory Franklin:

Canadian health care de-emphasizes widespread dissemination of technology like CT scanners and quick access to specialists like neurosurgeons. While all the facts of Richardson’s medical care haven’t been released, enough is known to pose questions with profound implications.

In the U.S. Richardson likely could have been both diagnosed locally and flown to emergency care in a nearby city.  Adds Franklin:

What would have happened at a US ski resort? It obviously depends on the location and facts, but according to a colleague who has worked at two major Colorado ski resorts, the same distance from Denver as Mt. Tremblant is from Montreal, things would likely have proceeded differently.

Assuming Richardson initially declined medical care here as well, once she did present to caregivers that she was suffering from a possible head trauma, she would’ve been immediately transported by air, weather permitting, and arrived in Denver in less than an hour.

If this weren’t possible, in both resorts she would’ve been seen within 15 minutes at a local facility with CT scanning and someone who could perform temporary drainage until transfer to a neurosurgeon was possible.

If she were conscious at 4 p.m., she’d most likely have been diagnosed and treated about that time, receiving care unavailable in the local Canadian hospital. She might’ve still died or suffered brain damage but her chances of surviving would have been much greater in the United States.

American medicine is often criticized for being too specialty-oriented, with hospitals “duplicating” too many services like CT scanners. This argument has merit, but those criticisms ignore cases where it is better to have resources and not need them than to need resources and not have them.

Obviously, Americans also die needlessly from substandard care on occasion.  But where government controls the entire health care system, politics is likely to trump consumers from beginning to end.  And that is evidently the case in Canada, where pets typically have speedier access than humans to many of the technological advances that Americans take for granted.  Policymakers must not forget the needs of patients as they rush to “reform” the U.S. health care system.

(H/t to Matthew Vadum.)

Thursday Podcast: ‘A Failed Drug War in Mexico’

Since 2008, more than 7,000 people have been killed  in violence associated with the drug war in Mexico. Secretary of State Hillary Clinton is traveling to the region this week, and said Wednesday that the United States shares the blame for the violence.

In today’s Cato Daily Podcast, Cato scholar Doug Bandow offers analysis on how the U.S. should respond to the crisis on our southern border.

Can I Vote for This Guy?

Here’s how YouTube describes the following clip:

Daniel Hannan, Conservative MEP for South East England, gives a speech during Gordon Brown’s visit to the European Parliament on 24th March, 2009.  Read Daniel’s blog at www.hannan.co.uk.

Can I import him?

Ken Lammers on Posner and Strict Liability

Ken Lammers, who blogs over at CrimLaw, recently posted a review of my new book, In the Name of JusticeBy way of background, the book is an edited collection of essays.  The lead essay is a reprint of the 1958 classic, “The Aims of the Criminal Law,” by Harvard Law Professor Henry Hart.  Legal and criminal law experts, such as Judge Richard Posner and James Q. Wilson (among others), have written original essays about Hart’s ideas.  

 Among other things, Hart critiqued the doctrine of strict criminal liability–which essentially dispenses with the requirement of proving someone’s criminal intent.  Hart says this is profoundly wrong.  The essence of  criminal conduct is that the person has done something which is blameworthy.  With strict liability, prosecutors can condemn certain persons as “criminals” without proving that they have done anything that is truly blameworthy.

Judge Richard Posner’s essay offers a defense of the strict liability doctrine, but Ken Lammers is not persuaded.  Here’s an excerpt:

Posner’s strongest argument is born of the wisdom of ignorance: the statutory rape argument. The statutory rape, best-interest-of-the-child, absolute strict liability is a creature born of emotion divorced from logical thought. We must protect the children at all costs. Therefore, anybody who crosses the line gets convicted no matter the circumstance. “The effect is to induce men to steer well clear of young-looking women, a form of care they would be less likely to use if ignorance were a defense.” (p. 97)

This pretty much brands Posner as someone who has not had actual trial experience. He’s never seen that trial wherein the immature 18 year old defendant (looking all of 14) has “raped” the 14 year old predatory girl (who looked 20) who had a list on her bedroom door of men she aimed to have sex with and had crossed several names off as she achieved her goal. Y’know, the same girl who turned the defendant in because she got mad at him when he found out her age and refused to have sex with her anymore. Guilt via strict liability. I’ve seen at least two cases with facts similar to this in my 8+ years practicing (none at my current locale); persons in larger jurisdictions can probably relate more of the same. This is how the “justice” of strict liability plays out in real life and anyone who thinks that is the proper way for the law to work is clearly engaging in faulty reasoning.

I agree.  And statutory rape is just a single example of where the doctrine of strict liability has taken hold.  Once that precedent was established, it has expanded elsewhere, as have the injustices.  For example, the law bans felons from possessing guns and ammunition.  Dane Yirkovsky found a bullet at his girlfriend’s house and put it in a dish on the dresser.  Later, police search and find the bullet.  Yirkovsky tells them that he  put it there.  Since he is an ex-con, he gets arrested on a felon-in-possession charge.  And with mandatory minimum sentencing in place, he is now serving a fifteen year prison sentence. Under the law, Yirkovsky is “guilty.”  But did he do anything that was really  blameworthy?  Can his conduct really be described as “criminal?”

To learn more about the state of our criminal law, get the book.

‘We’re Failing. Let’s Keep Trying’

Secretary of State Hillary Clinton’s diagnosis of the war on drugs:

“Neither interdiction [of drugs] nor reducing demand have been successful.”

“We have been pursuing these strategies for 30 years.”

“Our insatiable demand for illegal drugs fuels the drug trade.”

Secretary of State Hillary Clinton’s prescription for the war on drugs:

“We’ve got to take a hard look at what we can do to stop the bad guys”.

My prognosis:

“I think [trying harder to stop the bad guys] is going to fail.”

Regulations We’ve Got. Geithner’s Seeking Something Else

Another day, another mad power grab by Treasury Secretary Tim Geithner.

Only in government does failure bring more responsibility.

Federal agencies have long had extensive regulatory powers over commercial banks, but allowed the banking crisis to develop despite those powers.

It was a failure of will, not an absence of authority.

If the authority is extended over more institutions, there is no reason to believe we will have a different outcome.

This power grab is designed to divert attention away from the manifest failure of, first, the Bush Administration, and now the Obama Administration to devise a credible plan to deal with the crisis.

Sen. Hatch Does Not Owe His Friend My Freedom

Here’s one idea that needs to be put down right now: that we should enact health care reform as a tribute to Sen. Edward M. Kennedy (D-MA), who has terminal brain cancer.

Sen. Orrin Hatch (R-UT) was recently quoted:

I would like to do [health care reform] as a legacy issue for [Kennedy], if I can – this would mean a lot to him.

I mean no disrespect to Sen. Kennedy.  Aside from those who have actually given their own lives for this country, few have given as much as he has.  I wish him peace, and a miraculous recovery.

My problem is with the choice of tribute. The health care reforms that Congress is cobbling together would dramatically reduce each American’s freedom to control her income, run a business, and make her own health care decisions.

The United States of America is a republic.  We do not make tributes of our citizens or their rights to the aristocracy.  Sen. Hatch does not owe his friend my freedom.