Terminally ill surgeon still waiting to be paid
Mr Minister:
I read with digust, the captioned article in The Telegram on Saturday, June 7, 2008. It brought back deja vu memories to me of similar problems when I practiced law and took legal-aid cases. For a time, the certificate normally issued by the Legal-Aid Commission was a useless document. It meant waiting for months on end for each case to be paid and then since the commission had the powers of a supreme court taxing officer; it could reduce one’s invoice at will subject to an appeal to the Trial Division of the Supreme Court of this province. No practictioner with bills to pay daily can waste one’s time in court without a paying client. Most likely the lesser amount was accepted.
I was more fortunate than most persons since my wife was a practising physician so I stopped taking legal-aid cases altogether. Lawyers had no power in comparison to that of front-line physicians. Voters care little about criminals being treated within the rule of law but in the case of medical doctors, when they went on strike “death” faced everyone and the government soon heeded the voters’ fears soon to become anger, the catylst to heist any government from power.
I realize here that Dr. James Miller, dental surgeon and terminally-ill, cancer patient is considered by the Health Department to be a weak opponent. He entered into a contract in good faith with the Department of Health. Even if technically MCP is responsible to pay such fees of this professional, the contract was entered into by the Government of Newfoundland and Labrador. He is just being passed from one entity to the other by bureaucrats. Hopefully, this newspaper report will end his problem though there is not enough time to serve statutory notice on the Crown in the right of the province, to sue on his behalf in the Trial Division of the Supreme Court. He writes that he believes he will die within a fortnight.
Dr Miller could deduct his bill to the amount allowable in the Provincial court which used to be before I retired and if memory serves me well, to be $5,000. Why she this sick man lose over $3,000 that he worked for and was not paid as agreed inasmuch as he worked l7 days at a fee of $500 per diem?
I am sending copies of this letter to the Opposition parties in the hope that one or both leaders will see fit to raise this issue in the Legislature. Were I Minister of your department, no bureaucrat would be in charge. The guy or gal responsible for this evil, would be tossed out on his/her ear without compensation regardless of union or other policy. It is a disgrace and you fix it now.
Any citizen can gratuitiously assist a victim to prepare the paperwork to sue the bully even if be the government, to follow the terms of one’s executed contracts. Even if Dr Miller is dead before judgment is found for him against your department and the government in particular, his estate would receive the court’s remedy and hopefully the money he earned.
I trust you read this article setting forth this shameful conduct and remedy the problem by advancing a government cheque to Dr. Miller in the amount of $8.500 for dental services rendered as agreed between him and the government of the day.
Yours very truly,
Michael J. Laurie, B.A., LL.B. N.P.,
Retired Barrister and Solicitor,
Strathlaurie House,
48 Main Street, P.O. Box 61,
Wabana, Bell Island, NL A0A 1H0
Tel (709) 488-3818
