On March 25, 2014 the newspaper The New Zealand Herald published an article titled "Dentist tried to cover up instrument mishap". Basically, a dentist snapped a piece of equipment inside a patient's tooth and tried to cover up the incident. And that's it! Then… why do we bother?
THE ISSUE
Because that's not the news. The news is what happened after the patient discovered the dentist's mistake. Well… it would seem that Mr. Theo Baker (the person exhibiting the bombastic title of Deputy Health and Disability Commissioner) sprang into action. Faster than a regulation and able to leap over large public records Mr. Baker (presumably) launched an investigation and discovered that:
1. The dentist "failed to disclose that an instrument had separated during the root canal treatment"
- OK. Where is the money to compensate the patient?
2. The dentist "failed to fully inform the man" about a pile of issues and possible consequences.
- OK. Where is the money to compensate the patient?
3. The dentist "did not keep proper records"
- OK. Where is the money to compensate the patient?
4. The dentist's employer was "vicariously liable" for the dentist's breaches of code.
- OK. Where is the money to compensate the patient?
After the investigation was over, Mr. Baker referred the dentist to his fellow bureaucrat, the Director of Proceedings to see if any proceedings should be taken.
- OK. Where is the money to compensate the patient?
THE ANALYSIS
So here we have a dentist that was (presumably) less than competent (by action or inaction) than the New Zealand code of (something) demands from the dentist. Got it.
Then the bureaucracy got in motion and determined that the dentist did not inform the patient and tried to cover the whole thing up (presumably). All this information is, of course, redundant because the patient was aware of it when he sought a second opinion. In other words, Mr. Baker (aka the bureaucrat) "discovered" what the only person that mattered already knew. Got it.
So… what exactly does the Deputy Health and Disability Commissioner does then, other than copy information? A secretary could have done this for a much lower price.
To answer this question, we need to look at its job description. Luckily enough for us, this document is in the public domain. If you search Google for the keywords "position description" and "health and disability commissioner" you will find the document (also attached at the bottom for your convenience).
The document specifies that the Job Purpose of the Deputy Health and Disability Commissioner is to:
" to promote and protect the rights of consumers of health and disability services"
- OK. Where is the money to compensate the patient?
"fair, simple, speedy and efficient resolution of complaints"
- OK. Where is the money to compensate the patient?
"to assist the Commissioner" " by providing effective leadership of HDC’s disability initiatives, and acting as warrant holder across a full range of HDC complaints and business decisions"
- OK. Where is the money to compensate the patient?
The document specifies that the Key Responsibilities of the Deputy Health and Disability Commissioner are:
"(the Act) provides that the Commissioner may delegate powers" " to make final decisions on complaints" " The Deputy Health and Disability Commissioner (Disability) will, therefore, be required to make several hundred such decisions per annum,"
- OK. Where is the money to compensate the patient?
The Deputy Health and Disability also has other duties, such as:
- Strategy and reporting (aka preparing the annual budget and generating meaningless reports)
- Quality assurance and standards (aka ensure that not too many people complain)
- Others (aka what we call "fluff" or "T&N" travel and network)
- OK. Where is the money to compensate the patient?
And for all these life–changing and critical responsibilities, the Deputy Health and Disability Commissioner must have the "Skill Requirements and Personal Attributes" listed below and our translation (in italics)
demonstrated leadership skills at a senior level;
A career bureaucrat
clinical or legal background;
whatever his bureaucratic buddies will say it is good enough
relevant post-graduate qualifications;
whatever his bureaucratic buddies will say it is good enough
proven intellectual ability;
not a dummy. Seriously? So… stupid people need not apply? And how exactly does on go about proving this? Good one!
demonstrated ability to think and act strategically;
as opposed to tactically or not thinking at all? And how does one go about "demonstrating" this? Perhaps a chess game with your would–be superior? Winner takes all? Coin flipping? Another good one!
proven focus and dedication to quality standards and service;
whatever his bureaucratic buddies will say it is good enough because… the candidate must have done the job before he becomes a candidate to do the job. Need job, have time machine and paradox–avoiding gear. Willing to travel (in time). Got it!
a commitment to the public service and demonstrated understanding of political and government processes;
Ahhh!! Here we go. This one is a critical one: CYA–tested! Only people who know how to play the political game and protect politicians need apply. Got it.
demonstrated understanding of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD);
can read.
excellent communication and relationship management skills;
can read and write.
a commitment to equal employment opportunities;
pass the problem to HR.
an understanding of the principles of the Treaty of Waitangi and the aims and aspirations of Mäori.
pass the paperwork on to subordinates and ignore everything else. Got it.
In addition, the Deputy Health and Disability Commissioner must meet "Statutory Qualifications for Appointment" (you can read them in the document) which essentially say that whatever the Commissioner says, it goes.
In summary the real requirements for the job are: need buddy who can read, write and CYA. Got it.
Question: where do we sign?
And…
Where is the money to compensate the patient?
RESULT
In the end, we still don't know what exactly it is that the Deputy Health and Disability Commissioner or his boss the Health and Disability Commissioner do, but what we do know for sure, is that from the job description it has absolutely nothing to do with getting compensation money to the patient… which is the only person that actually counts!!!
RAMBLING
No, we don't hate New Zealand or New Zealanders. We pity them in the same manner we pity every other human being on the planet with the exception of politicians and bureaucrats. We didn't want to pick on New Zealand either. The article was a fortuitous coincidence. We find kiwi's news' style very refreshing. No bombastic fireworks and no baroque language dressing; just the message, maam'.
We took on this small (tiny really) event to highlight the pervasive and massive impact that bureaucrats and governments have on our lives. Here you have a person whose property (i.e. his body) was damaged. It happened through a simple breach of contract (the dentist –presumably– did not fulfill it, by declaring what happened). This is an issue purely between the dentist and the patient. It has absolutely nothing to do with third parties, particularly the government (for details about contracts in an Absolute Austro–Libertarian system see Contracts Are The Key To Coexistence). Yet, for some unfathomable reason the government gets involved. What is the pseudo–rationale?
The government robs (i.e. taxes) New Zealanders whether they like it or not. Bureaucrats and politicians use this money to pay for "health services" whether New Zealanders like it or not. These services are what bureaucrats and politicians decide they should be, whether New Zealanders like it or not. Bureaucrats and politicians decide what is "quality" and how much will New Zealanders get for their taxes, whether New Zealanders like it or not. And when things go astray, they remove New Zealanders rights to compensation, whether they like it or not.
Now replace "New Zealanders" with the citizens of any other country in the world to get a broader picture, which is accurate and universal. When it comes to political and bureaucratic oppression, we are all sisters and brothers under the same thumb (also see Politicians And Bureaucrats Job Security Through Misery).
CONCLUSION
In every daily activity (no matter how small) we are constantly managed by an overwhelming bureaucracy (with a mind of its own and its own agenda), directed by politicians. People believe that our so–called civil rights are being eroded. Wake up! They are long gone. We don't have any. We only have the appearance of rights; we are just puppets. The only way forward is to remove the barrier: government. There really is no other way.
It is your choice now, believe or not.
Note: please see the Glossary if you are unfamiliar with certain words.