In New York before you get to file a med malpractice civil suit you need a certificate of merit or affidavit of merit. Once you have this you can file a med mal case. We did that and as a result in Ulster county NY we have a civil case 2010-4767 index number.

Next the filing of the complaint, bill of particulars, and paper discovery --hospital records, physician records, and after that Judge Zwack said what was discovered was criminal in nature and was beyond his jurisdiction. So we referred the matter to the DA - Holley Carnright and ask him to investigate this criminal matter. He claims he did and found no criminal intent to commit murder by Dr. Mark Jobson.

The DA ignored the facts that Dr. Jobson altered medical records, falsified medical records and falsified the death certificate of my wife. And refuses to this date to accept the facts that the reason why Dr. Jobson murdered my wife was to cover two counts of NYS penal code 175.10 a good motive for criminal intent (two class E felonies). The DA refuses to convene a Grand Jury to present this paper discovery evidence and allow the citizens of Ulster County N.Y. to determine whether or not to indict Dr. Jobson for murdering Eileen D. LoDato.

Dr. G. Mark Jobson  (aka on the Internet George W. Jobson, George Jobson, George W.M.Jobsom etc.)  from paper discovery gave the physician's order to give Eileen D Lodato 300 mg of morphine sulfate in a piggy back IV fashion for fifty hours straight until she died. There was no proper paper work in place.  Eileen  had a pain index of 5 to 6, and was in no significant pain.  The New York State Department of Health gave Kingston hospital a  violation  NYSDOH violation 405.5B nursing services and in particular section 1 and  subsection iii:

(iii) The hospital shall develop and implement policies and procedures for prompt review and correction, as necessary, of health care practitioner orders which have, or have the likely potential for having, negative impact on patient care and safety and which should not be carried out.



There are very few frivolous med malpractice civil suits but their are many criminal medical malpractice suits started as a medical malpractice civil suit and just end without justice.  Consider in the USA a physician has rarely been convicted  of murdering his or her patient. However in England Dr. Shipman murdered over 215 patients before he got caught and English laws changed.

In the USA read about the case of Dr J Michael Swango MD.
(just click  the blue line below & read)

Dr. J. Michael Swango MD - Wikipedia, the free encyclopedia

 

Joseph Michael Swango (born October 21, 1954) is an

 American serial killer and ... Eventually, the school allowed him

 to graduate with an M.D., one year after ...

 

If our system works  then Kingston hospital should report Dr. Jobson to the NYS Dept of Education concerning his licence and present the paper discovery documents that Judge Zwack said are beyond his domain and are criminal in nature to DA Carnright.

 The Kingston hospital and their insurance company MLMIC should convey this information via their attorneys to the District Attorney's Office.

 This would show that Kingston hospital  and their insurance company, MLMIC  "CARES" and sends a message across the USA. IF YOU ARE A PHYSICIAN, we the hospital and insurance company will not tolerate these acts and we will ask the District Attorney's Office to investigate and convene a Grand Jury - not a 73 year old man, like Vince LoDato, do this action.  This would send a "national message" to over 2,000.000 health care workers and 80,000 physicians in the NY - if you break the law...we (the Kingston hospital & MLMIC) don't care who you are -- we are going to report you and you can go to jail! 

The Kingston hospital had the motto:  The Kingston hospital, a place where People come first.   The Kingston hospital and MLMIC still have the opportunity to help out "national healthcare" by reporting this  incident and let the Office of the District Attorney of Ulster County in New York State do their job.  The Kingston hospital merged with several other hospitals and they call themselves Health Care  Alliance.  They now have a new CEO.

By doing this our "present healthcare system" will protect the elderly, the poor, the uneducated and the disabled.  If  physicians, lawyers, insurance companies  allow the system to work -- then "THEY" will do a great service to our healthcare system.

IF YOU WANT TO KNOW WHY THIS LEGAL STRATEGY IS NOT YET BEING ADVANCED THEN ASK THE DEFENSE LAWYERS
IN
 Lodato vs Jobson....
Ulster County Clerk's Office (Public Documents) New York
Civil Case Index Number 2010-4767
 

Vince LoDato is trained as a Ph.D in theoretical physics, and worked in counter intelligence for the USA as a special government employee at the rank of a two star general for over 40 years (off and on)... He has one question:

How can the legal system in the USA allow MD physicians to commit murder, violate the USA Supreme Court ruling like Vacco vs Quill (1997), NYS penal codes 175.10 and 125.25. and get away with murder?SHOW MORE COMMENTS                        

If Harold Shipman or Michael Swango practiced medicine in Kingston New York, would DA Carnright convene a Grand Jury/investigate??

From wiki quote

Harold Fredrick Shipman[1] (14 January 1946 – 13 January 2004) was a British doctor and one of the most prolific serial killers in recorded history by proven murders with up to 250 murders being ascribed to him.

On 31 January 2000, a jury found Shipman guilty of 15 murders. He was sentenced to life imprisonment and the judge recommended that he never be released.

After his trial, the Shipman Inquiry, chaired by Dame Janet Smith, began on 1 September 2000. Lasting almost two years, it was an investigation into all deaths certified by Shipman. About 80% of his victims were women. His youngest victim was a 41-year-old man.[2] Much of Britain's legal structure concerning health care and medicine was reviewed and modified as a direct and indirect result of Shipman's crimes. Shipman is the only British doctor who has been found guilty of murdering his patients.[3]"

District Attorney Holley Carnright Esq.


 

  Please read the NY Times article

 Ex-Doctor Pleads Not Guilty In

 Murder and Fraud Case

 

Click Michael Swengo Picture Below... Find the Ten Most Evil Doctors in the History of the World

 



                   

By MICHAEL COOPER

Published: July 18, 2000         

Wearing a blue V-neck prison shirt that resembled the hospital scrubs he once wore to work, a former doctor pleaded not guilty today to federal charges that he killed three patients in a Long Island hospital in 1993.

The former doctor, Michael J. Swango, 45, entered his plea as he was arraigned here in Federal District Court on charges that he used fraud to obtain medical posts where he then went on to kill and assault patients by injecting them with various poisons.

If he is convicted, Mr. Swango could face the death penalty. The government will decide whether to seek the death penalty within the next three months, said Joseph Conway, the assistant United States attorney prosecuting the case.

Mr. Swango, who appeared pale and gaunt in court, with his blond hair cropped short, stood impassively as prosecutors read aloud the 17-page indictment accusing him of fraud, murder, assault and making false statements.

 After Mr. Swango's lawyer, Randi Chavis, said his client pleaded not guilty to the charges, the judge, Jacob Mishler, turned to Mr. Swango and asked him if that was indeed his plea.

''Yes, yes,'' Mr. Swango said quietly.

Mr. Swango's case has troubled law enforcement officials and medical authorities alike: although he was dogged by unsettling allegations throughout his medical career, he continued to find work as a doctor.

The indictment accuses Mr. Swango of murdering a patient in 1984, as a first-year resident at Ohio State University Hospital. It states that he killed Cynthia McGee, a 19-year-old gymnast who was being treated there after she was struck by a car, by giving her a potassium injection that stopped her heart. The teenage driver who had struck her was convicted of reckless homicide and sentenced to probation.

Mr. Swango was able to secure medical positions even after he served two years in prison for trying to poison several of his co-workers at an ambulance company in Illinois in 1985. Prosecutors charge that he secured some posts by fraud and by using aliases.

In 1993, he was hired as a resident by the Stony Brook Health Sciences Center and posted at the Veterans Affairs Medical Center in Northport, N.Y. Hospital officials learned of Mr. Swango's criminal past and fired him three months after he started. He served three and a half years in prison, and would have been released Saturday had the new charges not been filed.

During the brief time that he worked at Northport, prosecutors charge, Mr. Swango killed three veterans with poison injections: George Siano, 60, Thomas Sammarco, 73, and Aldo Serini. In two of the cases, Mr. Swango is accused of lying, saying that he had obtained ''do not resuscitate'' orders to ensure no attempts would be made to revive them.

Mr. Siano's stepdaughter, Roselinda Conroy, sat in the front row of the courtroom today, occasionally shaking her head as the charges were read. ''It seems very unreal,'' she said.

Giving what is perhaps a preview of her defense, Ms. Chavis said in court that there was ''no direct evidence'' to support the charges against Mr. Swango, indicated that she would move to have the forensic evidence in the case ruled inadmissible and complained that the government was relying on witness statements that are ''close to 20 years old.''

She also accused the government of violating the laws governing pretrial publicity, giving as an example an article in The New York Times, which reported last week that prosecutors believed that Mr. Swango might have been involved in a number of other murders across the globe, but would not say how many there might be.

Gary R. Brown, another assistant United States attorney prosecuting the case, denied the government had done anything wrong. Judge Mishler directed both sides to stop making public statements about the case.

Photo: Michael J. Swango, a former doctor, has been charged with murdering three of his patients while working at a hospital in Northport, N.Y. (Vic DeLucia/The New York Times)


A book was written about Dr Swango by James B Steward....and here is a review: I quote

 No one could believe the handsome young doctor might be a serial killer. Wherever he was hired -- in Ohio, Illinois, New York, South Dakota -- Michael Swango at first seemed the model physician. Then his patients began dying under suspicious circumstances.
At once a gripping read and a hard-hitting look at the inner workings of the American medical system, Blind Eye describes a professional hierarchy where doctors repeatedly accept the word of fellow physicians over that of nurses, hospital employees, and patients -- even as horrible truths begin to emerge. With the prodigious investigative reporting that has defined his Pulitzer Prize-winning career, James B. Stewart has tracked down survivors, relatives of victims, and shaken coworkers to unearth the evidence that may finally lead to Swango's conviction.
Combining meticulous research with spellbinding prose, Stewart has written a shocking chronicle of a psychopathic doctor and of the medical establishment that chose to turn a blind eye on his criminal activities.

Don't you think DA Carnright should consider Judge Zwack's statement and look again at the paper discovery evidence?

 DA Carnright please consider you have the paper discovery  evidence from the civil case

&

Judge Henry Zwack - Civil Case Discovery  statement the criminal matters are beyond my jurisdiction and domain

&

 Dr. Jobson Case

 (criminal intent/false records) Fraud - Murder - Fraud (false death cert.)

NYS Penal Code 175.10  -NYS Penal Code 125.25- NYS Penal Code 175.10

PS this is Vince Lodato.....American lawyers and American medical doctors take your heads out of the sand! Lawyers regulate Drs. you have Vacco vs Quill USA Supreme court ruling (1997)...and in NYS you have Murder II NYS penal code 125.25 ....finally insurance companies save some money....and pressure hospitals to inform on Medical Doctors....There is at least one murder every day in the USA by MDs that goes unpunished....WHY?

--In the USA - "Very rarely is an MD "convicted" of "murdering" his or her "patient"

The balance between medicine and law is near non existent in the USA while in England it does exist. In the USA you receive an MD in Medicine with a license to murder, while in England you receive a BS in Medicine without a license to murder. In the USA a physician is very rarely  convicted of murdering his or her patient. While in England Dr. Harold Shipman was convicted of murdering over 250 of his patients.(check it out on the web)

So when you combine Medicine and Law in the USA, there is no balance! - But the right to murder with a great cover....and it does occur every day. see

http://eileenlodato.blogspot.com FOR EXAMPLE... Dr. G .Mark Jobson MD & DA Holley Carnright Esq    

Consider the case of Dr. Paul Swango MD  .... now serving a life sentence in the max prison in Colo...Read how law enforcement handled this case...(JUST CLICK)

Dr. J. Michael Swango MD - Wikipedia, the free encyclopedia

Joseph Michael Swango (born October 21, 1954) is an American serial killer and ... Eventually, the school allowed him to graduate with an M.D., one year after ...

---------------REMEMBER IN THE LEGAL HISTORY OF THE USA AN MD IS VERY RARELY CONVICTED OF MURDERING HIS OR HER PATIENT BUT IT OCCURS! ------------------

Finally if George Washington came back from the dead and saw our medical system. He would capitulate and we would have no revolutionary war. We would be under the Queen, civilized, drinking tea and there would be no license to murder when you become a physician.