Dr. Benjamin Brewer, who writes the Wall Street Journal’s “The Doctor’s Office” column, discusses the OB shortage caused in Illinois by the medical malpractice problem. Trial lawyers like to blame the insurance industry’s investments and “business practices,” but the leading insurer in Illinois, ISMIE, has only 3% of its funds in the stock market. (Moreover, ISMIE is a mutual insurer–profits go back to its member doctors. The doctors aren’t conspiring to charge themselves too much; ISMIE’s rates reflect the payouts it makes in malpractice cases.) Large swaths of southern Illinois and nearly half the counties in the state have no obstetrical hospital services at all. Brewer concludes “it may take a federal law to stimulate the reform process in Illinois, where entrenched proponents of our broken system hold political and judicial sway.” (“When a Pregnant Patient Struggles to Find Care”, Jan. 4). Our sister site, Point of Law, comments on tomorrow’s Presidential visit to Madison County, where Bush will discuss his litigation reform agenda for the upcoming Congress. (Krysten Crawford, “Bush heads to ‘Judicial Hellhole'”, CNN/Money, Jan. 4; Ryan Keith, “Bush to Highlight Tort Reform in Ill.”, AP/Newsday, Jan. 4; Caleb Hale, “Doctors Are Eager To Hear What Bush Will Say About Crisis”, The Southern, Jan. 4; Mark Silva, “Bush’s tort reform efforts to start at ‘judicial hellhole'”, Chicago Tribune, Jan. 3).
Archive for 2005
CasiNO
CasiNO Free Sullivan County, an anti-casino group in New York, has sued to block the introduction of casinos to the area, claiming the casinos will pose a health hazard:
“The cumulative impact from these casinos will negatively affect the health and well-being of residents in the Town of Thompson, Sullivan County, and the entire region,” said Rosa Lee, a spokeswoman for the group. “The enormous increase in traffic itself would cause serious air pollution and bumper-to-bumper congestion, resulting in a significant reduction in air quality by the introduction of particulate matter smaller than 2.5 microns, a common cause of serious lung disease, since such particulate matter lodges more deeply into the lungs than do larger ones.”
Mid-Hudson News Network, “Anti-casino group files lawsuit to block gaming,” Jan 4.
Guest Blogger
Hey folks. I’m Caleb Brown. I work in radio and I do occasional freelance writing. If my blog were a child, social services would have taken her away a long time ago for neglect. I have a dog and I play the banjo. And to answer your questions: Yes, I live in Kentucky and yes, I do drink bourbon. Guestbloggin’ commences later today. My thanks to Walter Olson for the opportunity.
“Marvel Battles Role Players”
City of Heroes, an entry in the “massively multiplayer online game” category pioneered by Sony’s Everquest, allows its nearly 200,000 participants to “bring the world of comic books alive” by inventing characters and selecting names, costumes and powers for them; the characters then interact with other players’ characters. Some users choose to imitate established comic-book heroes in creating their characters. In November, comic-book publisher Marvel Entertainment sued the site’s proprietor. According to Marvel’s complaint (PDF, courtesy Electronic Frontier Foundation), “Defendants’ Creation Engine facilitates and, indeed, encourages players to create and utilize heroes that are nearly identical in name, appearance and characteristics to characters belonging to Marvel” and the site is responsible for “directly, contributorily and vicariously infringing upon Marvel copyrights and trademarks”. Cory Doctorow of Boing Boing, a veteran of online free-speech fights, counters: “Asking City of Heroes to police their users to ensure that they don’t replicate Marvel characters is like asking a school to police its students to make sure none of them show up for Halloween in a homemade Spider-Man costume.” (Daniel Terdiman, Wired News, Nov. 16; Fred von Lohmann, “Et tu, Marvel?”, Law.com, Dec. 3 (contemplating a future offense of “pretending without a license”)).
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Guest blogger tomorrow
An all-new guestblogger will be joining us tomorrow. For full details, check back then.
Couldn’t outrun cops, sues them instead
Connecticut:
A 21-year-old New Haven man who led Hamden police on a high-speed chase on his all-terrain vehicle before crashing into a utility pole last summer wants the town to pay his medical bills.
Britt Martin, of 75 George Street, claims that Officer Stephen DeGrand and four other unidentified officers were responsible for his injuries because they violated a Police Department policy to discontinue high-speed pursuits when the risk exceeds the need for immediate apprehension….
DeGrand said the suspect went through red lights and made illegal turns while driving well in excess of the speed limit during the chase.
(Fred Musante, Cops blamed for ATV crash, Hamden Journal, Dec. 29). More high-speed chase suits: Feb. 18 and Apr. 27, 2004; Sept. 21, 2003, etc.
Hospital sued over lack of neurosurgeons
Coming full circle: in Florida, the family of the late Barbara Masterson is suing West Boca Medical Center because hospital staff was unable to locate a neurosurgeon willing to come to the scene to perform life-saving surgery after a stroke. “The incident occurred in February, when Palm Beach County neurosurgeons were refusing to perform emergency services for fear of skyrocketing malpractice costs. The Mastersons’ lawyer, Gary Cohen, said the hospital was aware of the unavailability of neurosurgeons for emergency work “and should have never taken her in.” (John Murawski, “West Boca Medical Center sued over woman’s death”, Palm Beach Post, Dec. 23).
Update: judge dismisses apartheid suits
Updating our Aug. 8, 2003 post (and links from there): “Lawsuits seeking more than $400 billion in damages from US corporations for victims of apartheid in South Africa were tossed out [Nov. 30] by a federal judge who said the claims bordered on the frivolous.” (Boston.com/AMABoston, Dec. 1; David Teather, “Apartheid court case dismissed”, Guardian (UK), Nov. 30; Mark Hamblett, “Businesses Win End to Multiple Apartheid Suits”, New York Law Journal, Dec. 1). The South African government, along with former South African president Nelson Mandela, had strongly opposed the suits. (Jonathan Ancer, “Activists hit out at ‘reactionary’ government”, Independent Online (South Africa), Dec. 7). The U.S. Council for International Business was of course pleased. Brandon Hamber has a weblog and site supporting the apartheid reparations claims.
Update: legal malpractice verdict tossed on appeal
“The Nevada Supreme Court recently reversed a jury verdict for $3.3 million against two lawyers for alleged malpractice in their representation of a quadriplegic man.” Attorneys W. Randall Mainor and Richard Harris (see “Crumbs from the Table”, Feb. 8-10, 2002) had settled Jason Nault’s medical malpractice claim for $17 million, of which only $2.5 million went to Nault himself, the rest going to “his wife, whom he has since divorced, the lawyers [who got $6.8 million] and the couple’s daughter.” The high court “concluded that the evidence didn’t support the damages.” (“In Brief”, National Law Journal, Dec. 13, not online as free link).