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Last night I went to my mother’s place and this morning we drove down here to Houston to visit my grandfather in the hospital.  He’s been having problems since he had stroke a few years ago, but lately he’d been having a lot of trouble with fluid in his chest and it is very hard for him to breathe.  He’s 91, so the doctors assumed that it was pneumonia, since that’s a common problem.  For the past month he’s been going through this kind of trouble.  Yesterday they finally performed an operation to try to drain the fluid.  That was when they discovered a very large tumor in his lung.  According to the doctors, this is a very agressive and hard to detect type of cancer (which they say is usually associated with asbestos exposure, although we don’t think that he was ever exposed in any significant way).  He’d had a number of X-Rays in the past month, but the cancer was not visible. 

Now the doctors are talking about trying to do chemo or radiation therapy, but he’s so weak and tired that it’s feared that he wouldn’t survive.  My grandfather has said that he’s tired of everything and that it’s his time.  He’s in a lot of pain from the cancer and from the drainage tubes.  It has been pretty hard on my mother to see her father in that condition.

We’re going to return to the hospital in the morning and will likely spend the day there.  Right now it’s a case of waiting and seeing what will happen.

Given next week’s election to consider the light rail tax boondoggle in Denton County, this article seems appropriate.

Well, all these statistics are interesting, but they are just dressing on an obvious point: Americans, more than perhaps any other nation, have been free to fully embrace the use of a device unparalleled as an articulate, efficient, safe, comfortable, versatile mode of travel—the automobile.

“Light rail,” or whatever the latest public transit nostrum, doesn’t get you to the parking lot of that interesting restaurant you’ve heard about in some little town. Nor does it get you back home. Nothing else gets you door to door like a car.

The introduction to the NHTS notes that the survey was conducted because (excuse the bureaucratese) “the process of improving the transportation infrastructure related to passenger travel requires an understanding of current passenger travel behavior patterns.”

Read my lips. “Current passenger travel behavior” in America centers on the car. Now, if only the politicians and planners would listen.

Indeed.  Texas is a car state and most people in Texas have no interest in taking an inconvenient train and losing their freedom of movement.  Let’s stop wasting our time and money chasing after a stupid idea that will never work. 

I plan to vote NO on the DCTA tax increase.

Link via Instapundit.

On Saturday, September 13, there will be a general election in Texas to consider twenty-two amendments to the state constitution (and cities in the Denton area will be considering a Denton County Transportation Authority tax increase).  For those who have not studied the Texas constitution, this might seem like a high number.  However, after reconstruction Texans were afraid to give too much power to government, so they created a constitution that severely limited what the legislature could do.  The downside to this is that a tremendous number of amendments have been necessary over the years (410 since 1876).  I guess the bright side is that the voters get a lot more say over things (although sometimes it seems too nitpicky).

This time the big issue is over Proposition 12 (PDF), which would limit “noneconomic” damages in liability suits (note that it’s being targeted at medical malpractice suits, but it would apply to all liability suits after 1/1/2005).

Proposition 12 would add sec. 66 to Art. 3 of the Texas Constitution, authorizing the Legislature to set limits on damages, except economic damages. It would apply to limitations on damages in medical liability cases enacted during the 2003 regular session of the 78th Legislature or in subsequent sessions. It also would apply to limitations on noneconomic damages in all other types of cases after January 1, 2005, subject to approval by a three-fifths vote of the members elected to each house. The amendment would define “economic damages” as compensatory damages for any pecuniary loss or damage. Such damages would not include any loss or damage, however characterized, for past, present, and future physical pain and suffering, loss of consortium, loss of companionship and society, disfigurement, or physical impairment.

The Legislature’s authority to limit noneconomic damages would apply regardless of whether the claim or cause of action arose or was derived from common law, a statute, or other law, including tort, contract, or any other liability theory or combination of theories.  The claim or cause of action would include a medical or health-care liability claim, as defined by the Legislature, based on a medical or health-care provider’s treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety that caused or contributed to a person’s actual or claimed disease, injury, or death.

The ballot proposal reads: “The constitutional amendment concerning civil lawsuits against doctors and health care providers, and other actions, authorizing the legislature to determine limitations on non-economic damages.”

It should be noted that this is an enabling amendment to allow HB4 (passed during the 2003 legislative session) to stand.  HB4 caps noneconomic damages at $250,000 per claimant and $500,000 for all institutions involved in a liability case.  As written, HB4 is unconstitutional according to a previous ruling (Lucas v. U.S., 757 S.W.2d 687 (1988)) by the Texas Supreme Court.

I’m kind of torn on this issue.  I understand the problem of outrageous jury awards and the rising costs of malpractice insurance for doctors.  However, I think that doctors and hospitals need to be held accountable for their mistakes.  Consider the recent case where a doctor amputated the wrong leg or the one where a doctor removed a man’s penis when he didn’t have cancer (further, he didn’t tell him that he was going to do so).  These are both cases where the economic damages don’t do justice to the harm done to the patient.  It is my understanding that the original intent behind the civil legal system was to make the injured party “whole” again, but there are some injuries that just can’t be made whole.

I suppose the fundamental problem comes down to the fact that it’s nearly impossible to quantify a monetary value for the loss of a leg (or of the ability to have a sex life or children).  Juries are understandably sympathetic and tend to be moved by emotion, which allows them to justify huge pain and suffering awards.  However, I’m not convinced that limiting these awards is the right answer.  We need to somehow find a balance between the insultingly low amount proposed by Rep. Nixon and the outrageous verdicts that are sometimes returned by juries.  I don’t have any solutions to this, especially since it’s impossible to legislate common sense.  We do have a problem with suits that aren’t really malpractice (i.e. people who got sick or died through no fault of the doctor, but the family needs someone to blame; or perhaps they saw the potential for a financial windfall), but that won’t necessarily be solved by capping damages.  I think a return to a society that understands the concept of personal responsibility might help.  Unfortunately after years of indoctrination into the victim society, it might now be impossible to turn things around.

The other problem I’m having is the tone of the advertising concerning Proposition 12.  This morning I saw two television ads in a row, one for and one against the proposition.  The first ad advised to vote for Proposition 12 because the “sleazy” trial attorneys were driving up our costs and causing doctors to leave.  The second ad was sponsored by the trial attorneys and devoted its entire time to attacking Rep. Nixon, who sponsored the amendment.  While Nixon may indeed be a shady character, this kind of sleazy attack ad just pissed me off.  For a short time I was tempted to vote for Proposition 12 just to spite these bastards. 

I think, though, that I find this current bill far too slanted in favor of doctors and liability insurers.  My current thinking is that I will vote against it (even if that’s the same position that is taken by the “sleazy” trial lawyers; and it feels kind of dirty to be on their side).

Jeff at Alphecca asks an interesting question about people who are protesting the Ten Commandments in Georgia.

Do those who complain about this display also insist, when they are called to testify, that they do NOT “swear to tell the whole truth… …so help me God?” Do they refuse to handle American currency?

I’ve not weighed in on this issue, because I usually find religion to be quite tedious.  As an agnostic, though, I have an interest in seeing that all of our government functions are carried out without respect to any particular religion.  I generally don’t object to small displays of religion that don’t affect any particular court or government operation.  If a judge wants to display the Commandments, I’d consider that his business up until the point where he starts using them (or his other religious beliefs) to make rulings.  It’s the job of the judge to interpret the laws of man, not of a god that may or may not exist.

But I’ve strayed from the point.  To answer the first question, I’d be a hypocrite to swear to a god I don’t believe in (or to do so on a religious book).  I could not in good conscience swear that oath.  However, I could affirm that I would tell the truth, and it is my understanding that the courts allow for this (although you have to let them know that you won’t swear an oath).  In fact, even the oaths of office for the various offices in the United States include this option.  For example, consider Article II, Section 1.

Before he enter on the execution of his office, he shall take the following oath or affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

In fact, there are also religious groups that won’t swear an oath (like the Quakers, who are thought to be the reason for this particular wording in the Constitution).

As for the money issue, I tend to ignore it.  I’d prefer it wasn’t there, but it doesn’t seem to do any harm, since no one is required to buy into that particular phrase to use money.

I’ve been woefully behind in reading the pile of magazines that have been accumulating over the past couple of months.  This evening I pulled the October issue of Guns & Ammo off the top of the stack and learned that Beretta has introduced a new pistol-caliber carbine called the Cx4 Storm.  They retained the same designer as for the Neos .22 pistol (Giugiaro Design) and they seem to have followed the same design cues.  It’s all black polymer and sweeping curves.  Some interesting features are that it is ambidextrous (including the ability to reverse the direction of shell ejection) and works with magazines from the Beretta 92/96 and 8000 series pistols (it uses inserts in the magazine well to accomodate these different magazines).  It’s available in 9mm (OK, although some will disagree), .40S&W (better), and .45 ACP (now you’re talking).

I won’t pass judgement on its looks at this point.  I don’t mind polymer guns, although they aren’t very pretty.  But what really matters is how they function and how they feel.  I’d like to get a chance to see one in person (and hold one).  A cursory internet search shows current prices to be around $600.00 (one site had it for $597.95 and another had it for $615.00).

I met the inspector this afternoon and followed him through most of the inspection.  He found a few things that I’ll want the seller to correct, but none of it was major.  The structure is sound and all of the systems work.

So here’s a view from the street of the house.

Now I’ve just got to work out the financing.  I’ve been approved, but I have to send in a bunch of documentation.  But the financer sent the packet to the house, rather than to my current address.  It was just by luck that it arrived today just before I arrived and I was able to pick it up.  I’m not sure where the mistake occurred, but hopefully we’ll get it straightened out.

I wonder if anyone has ever explored the idea of pay-per-view access to movie channels like Showtime.  My mother has DirecTV, but she doesn’t get Showtime (she gets HBO, Cinemax, and Starz).  I have Showtime and about all I watch on it is Dead Like Me.  It would seem like the technology is already there to handle this kind of thing, it just needs to be applied to this.  That way, I could watch just the shows I wanted and not have to pay for the channel when I’m not using it.  Of course for the economics to work out, the charges would have to be less than the typical pay-per-view movie.

Of course, I could just wait until I get back to Denton and watch it on the Tivo.

I’m now safely ensconced in front of my mother’s computer, waiting for her to come home (she works the second shift in a hospital).  The drive home was a bit stressful.  I’m convinced that holiday weekend drivers are out of their freakin’ minds.  Some things I witnessed just this afternoon.

• An idiot in a new black Dodge Ram (quad-cab with Harley sticker on the back window) who passed in a no-passing zone just north of 1171 on 377 and almost caused a head on collision.  Later, at 407, I thought they were going to run the light (they were about halfway into the intersection when the light turned; it’s a good thing none of the usual concrete trucks were coming through).
• An idiot in a tan car with California plates (I didn’t get the model as it was just another typical four-door car) who went south in the left northbound lane of Loop 288 at I35-E.  He swung back over into his lane once into the intersection and stopped.  The driver was laughing(!), while the passenger had his head down and his hand over his face in embarassment.
• Some old woman in an old car who tried to pull out in front of me at the intersection of 155 North and Hiway 80 in Big Sandy.  One thing I’ve learned about Friday and Saturday night in Big Sandy is to watch out for drunks (although this one could have just been old).  But in the best of times this intersection is dangerous because it’s at the top of a hill.

The ten day period in the standard house contract is for ten actual days, rather than business days.  It just dawned on me yesterday that the contract period will be up on Tuesday, and Monday is a holiday.  So we’re going to have to scramble a bit after the inspection on Friday.  To make things more interesting, I have to head out of town on Friday night for a wedding on Saturday.  Also, I have a deadline for an external design document on Friday morning, but I hope to finish it up by Thursday morning to allow for reviews.  If I can iron out one final technical issue tomorrow, I should be in a good position.

I’ll just be glad when the week is over.  Until then, this site will probably be neglected.

This item in the Denton Record-Chronicle caught my attention yesterday.  A former school bus driver was arrested Thursday on charges of posessing child pornography.  The pictures were discovered when he was being evicted from his apartment.

But this guy was a disgusting filthy pig in more ways than one.

Denton County Precinct 1 deputy constables found computer equipment Tuesday and stacks of photographs, tapes and compact discs piled amid trash and human waste when they arrived to evict Mr. Emenhiser from his apartment in the 600 block of Texas Street. The deputies called Denton police, who began an investigation.

Detective Sgt. Lenn Carter said he and Officer Lee Weber donned hazardous-materials suits and masks before entering the apartment.  emphasis added

They carried away three trash bags full of evidence, he said, including numerous discs and pictures depicting nude children in sexual poses.

“The items were infested with live and dead roaches, and the apartment was completely cluttered with trash, magazines, computer equipment and soiled clothing,” Sgt. Carter said.

Mr. Emenhiser was not at the apartment, he said. Detectives learned Mr. Emenhiser rented a storage unit, and they obtained a search warrant Friday. They found a great deal more pornography and computer equipment in the storage unit, officials said.

Mr. Emenhiser had Internet access until about a year ago, Sgt. Carter said. Since that time, investigators believe he may have used public access computers. He carried a small keychain computer drive that he could use to store information and photographs, Sgt. Carter said.

In case the horrendous condition of that apartment didn’t come through from the above, consider this.

Layers of clothes, paper plates and food scraps covered the entire floor. Maggots lived in the refrigerator. Grease clung to the stove. Used toilet paper covered the bathroom floor, Mr. Killian said.

“The four or five times we knocked on the door to try to get him to pay his rent or to work out some kind of payment schedule with him, he would only crack the door,” Mr. Killian said. “I could smell it, but I had no idea it was that bad inside.

What kind of person could live like that?  I can understand clutter, but unsanitary filthy conditions are just beyond my comprehension.  How could he stand the smell?  Damn.  Even an animal wouldn’t willingly live like that.