This is how it works: First there is a pre-trial conference
(PTC) at which one says whether or not one disputes the case and if so then a trial date is set. My
PTC was held on Thursday March 10, 2005. At that hearing, despite my having written to Accelerated
Receivables Management, Inc., (ARM) of Jacksonville, Florida, giving chapter and verse of what had happened
to me at the hands of the Mayo Clinic, ARM’s attorney, Francine Clair Landau, Esq., said she knew nothing
of it whatsoever and would refer back to the Mayo Clinic and let me know if the matter would be pursued or dropped.
At the PTC the trial date was set for Thursday May 12, 2005. Ms. Landau told the judge she would not be
calling any witnesses (to see the court document stating this, click the link* below). Eventually, after repeated
requests to Ms. Landau for an answer I received a letter two days before the court date saying that the Mayo Clinic was going ahead with the suit.
The letter from Ms.
Landau (to see it click the link* below) did acknowledge the short notice and gave me the opportunity of deferring
the hearing. However, I live in the country and had already made arrangements that would have been very
inconvenient, if not impossible to alter, so I had to proceed. I did wonder if the delay was just a subterfuge
to put me off balance. However, I always like to think the best of people so, upon reflection,
decided that Ms. Landau, being an attorney, an officer
of the court and member of the Florida Bar, would not demean herself by stooping to such an underhanded ploy.
I went to the court Thursday May 12, 2005 and was very surprised to see that Ms. Landau had called two witnesses from the
Mayo Clinic and was “prepping” them in the hall outside the judge’s chambers. The hearing was held
in the judge’s chambers and was quite friendly and informal. Ms. Landau started off by asking the Mayo Clinic
people who they were, if they worked for the Mayo Clinic and, as I recall, if they knew about the billing. I pointed
out to Ms. Landau that she had said she would not be calling any witnesses and I showed her the court document to this effect
(to see the court document stating this, click the link* below). Subsequently someone told me that the Mayo Clinic/ARM
may have been trying to run up the costs and that I should refer the matter to the Bar Association. However, as I said,
I always like to think the best of people and I just couldn’t believe that an attorney and officer of the court
would do such a petty thing deliberately, so I decided that it was just an honest mistake and let it go. But I did think Ms.
Francine Claire Landau’s questioning of the Mayo Clinic people quite pointless, especially since I had written reams
to ARM about the Mayo Clinic’s mistreatment of me and their billing. Also the people from the Mayo Clinic were
looking increasingly uncomfortable, so to put them at their ease and save everyone's time I said I would accept that
I had been in the Mayo Clinic and had been billed.
I explained that the Mayo Clinic had punctured
my stomach in two places by mistake and that I didn’t think I should have to pay for any of the consequences
resulting from that mistake. I tried to introduce documents from the CDC. Also from the
National Pressure Ulcer Advisory Panel stating that bedsores are entirely preventable together with other
documents but Ms. Landau objected to everything. Then she objected to a statement my wife had prepared.
Without going into all the ins and outs it became apparent that Ms. Landau was going to object to everything
I said. I showed the judge the letter where they said they would cancel the bill, the amount
I paid the Mayo Clinic and the items on the bill that weren’t related to the heart surgery. Would you believe
that some were disallowed because I’m not a doctor and was therefore was unable to prove that the items
were unrelated to heart surgery? Apparently, in the US legal system, commonsense doesn’t count
for much and the three operations on my abdomen
and my infections and illnesses were a result of fairy dust.
Anyway, the judge explained to me that
we live in litigious times, he agreed with me that the Mayo Clinic had not been gentlemanly and said that
he was going to take the matter under advisement so I told everyone, especially the couple from the Mayo
Clinic (who were looking even more embarrassed and uncomfortable by the minute) that I held no personal animus
towards them and left, leaving them all having a little conference. In the event the judge reduced
the bill to $1525, plus $175 court costs.
Although every American is said to be guaranteed his day in court, I
leave it to you to decide if he is also guaranteed fairness and justice.
