Vol. 77, No. 9, September
2004
Letters
Letters to the editor: The
Wisconsin Lawyer publishes
as many letters in each issue as space permits. Please limit letters to
500 words; letters may be edited for length and clarity. Letters should
address the issues, and not be a personal attack on others. Letters
endorsing
political candidates cannot be accepted. Please mail
letters to "Letters to the Editor," Wisconsin Lawyer, P.O. Box 7158,
Madison,
WI 53707-7158, fax them to (608) 257-4343, or
Long-term Care Facilities Articles Do Not Reflect Other Views,
Experiences
As an attorney in private practice representing Wisconsin nursing
homes
and assisted living facilities, I am disappointed with the August
Wisconsin
Lawyer special focus articles, "Abuse and Neglect in Long-term
Care Facilities." The articles authored by a plaintiff's lawyer,
a state regulator, and a state prosecutor lacked balance, perspective,
or context without discussion of the much larger issues facing long-term
care facilities across the nation, most notably, inadequate state and
federal funding and a dwindling workforce. Wisconsin lawyers
representing
elderly and disabled clients should have a basic understanding of these
important issues as well so that the knee-jerk reaction to these
problems
is not always sue, fine, or prosecute.
It is my experience that the people caring for our most vulnerable
citizens
are among the most dedicated group of professionals I have ever met,
working
in an industry more highly regulated than any other. The litigate,
regulate,
and prosecute mentality of the special focus articles does nothing but
exacerbate and inflame the misperception and bad rap the industry
receives,
but in large measure doesn't deserve, especially in Wisconsin, where
national
statistics show that "substandard" long-term care facilities
are the exception, not the rule as inferred by the articles.
I expected more balance by our Bar's professional journal, rather
than
the media-hype style series of articles as presented.
Bob
Lightfoot, JD, RN
Madison
As an attorney who represents Wisconsin nursing homes, a
member of the
State Bar of Wisconsin, and the past chair of the Bar's Health Law
Section,
I am writing to express my dissatisfaction regarding the August special
focus issue, "Abuse and Neglect in Long-term Care Facilities."
Failure of the State Bar of Wisconsin to present a more balanced series
of articles is a disservice to the State Bar members and in total
disregard
for the State Bar members who practice in the area of long-term care
law.
At a minimum, I would have expected the State Bar to solicit articles
for this special focus issue from all disciplines of its membership in
order to present a balanced discussion of this topic, including those
attorneys who represent, and take pride in representing, Wisconsin's
nursing
homes.
Colleen O. Patzer
Milwaukee
Editor's Note: Please watch the October issue for a
feature article
written in response to the August articles.
Rules Should Reflect That Most Information is in Electronic
Form
I just finished William Gleisner's article, "Electronic Evidence
in the 21st Century," in the July issue and wanted to express my
thanks for the thought-provoking discussion. A copy of the article will
be included in my files because I know that it will come in handy in the
near future.
I agree with the author's proposal of a thorough review of the rules
of evidence and discovery to incorporate changes that acknowledge that
most information is now in electronic form.
Daniel Anderson, Presiding Judge
Wisconsin Court of Appeals,
District II
Wisconsin Lawyer