Author Archive

“Dr. Megaworkup”

It’s enough to exasperate WhiteCoatRants (Oct. 20):

…Utter the terms “chest pain” and “trouble breathing” in the same sentence and with some doctors you’re getting a chest CT. It doesn’t matter that you have a cough, runny nose, that the chest pain is burning and only occurs when you cough, or that half the people in town have influenza because they didn’t get their flu shots. Even if bronchitis is the clinical diagnosis, there is still a 0.0001% chance that you could have a pulmonary embolism along with your bronchitis and we don’t want to miss it, because if we do, it may cause you to die and result in a lawsuit against the physician. Some doctors aren’t willing to take even the 1 in 1,000,000 chance that they’ll be sued. …

If a doctor doesn’t get every conceivable test on a patient and there is a bad outcome, then the doctor gets smacked with a lawsuit because the doctor didn’t do enough. Unless something changes, more and more patients coming to the emergency department will get megaworkups so nothing gets “missed.”

Then I read that some pompous plaintiff’s attorney said somewhere that “defensive medicine” was a myth. His theory was that if doctors do an extra test that catches a disease while it’s still treatable, then it is “good medicine,” not “defensive medicine.” Either he doesn’t get it because he is ignorant or he doesn’t get it because that attitude helps him afford his chalet in the Swiss Alps.

Medicine will never be perfect.

While on the subject, prominent health economist Uwe Reinhardt has cited our medical liability system as an important reason costs are significantly higher in the U.S. than elsewhere (PoL, Nov. 16). And KevinMD’s excellent section on defensive medicine has numerous posts in recent months we still haven’t gotten around to linking, including: guest take by “Dr. SSS” on the “two most expensive words in medicine” (“Sometimes it is difficult for me to understand if I am really treating myself or the patient.”); background on the $210 billion estimate that has been bandied about; E.R. visit + chest pains = obligatory catheterization?; quote from PandaBearMD (“Why risk our own money when we can use somebody else’s to protect us, even if it costs millions?”; a British visitor’s view of immobilization collars; don’t put the doc’s name on the chart!; and more reader reactions (“even if a patient has a good relationship with a physician and is willing to forgo various diagnostic tests, the family can decide to sue later if there is a bad outcome. … it is far easier to just order the test”)

Mississippi: “Former state pathologist suing Innocence Project”

“Dr. Steven Hayne, the man who performed most of Mississippi’s autopsies for 20 years, has filed a defamation lawsuit against The Innocence Project.” (Howard Ballou, WLBT, Oct. 30).

Hayne has been criticized because he said he conducted about 1,500 autopsies a year, much higher than the recommended standard [of fewer than 250 — ed.].

His testimony in two murder cases from Noxubee County turned out to be inaccurate and both men convicted in those cases were released from prison earlier this year.

One of the men had spent 15 years on Death Row for a crime he didn’t commit.

A third man has confessed to both slayings.

(“Investigation changes are needed”, Hattiesburg American, Oct. 22). As part of its campaign against Hayne, the Innocence Project sent more than 1,000 pages of material documenting its complaints to the Mississippi state medical licensure board and also denounced him to the national College of American Pathologists. (Jerry Mitchell, “Embattled doc suing Innocence Project”, Jackson Clarion-Ledger, Oct. 31). Radley Balko at Reason has been a longtime critic of Hayne (“Hit and Run”, Nov. 7), as has Lotus @ Folo. On Jun. 6, we reported on charges that Dr. Hayne’s forensic work has been of extensive assistance to plaintiff’s lawyers in Mississippi liability suits.

“Britain has no responsibility to protect Iraqis from their own legal system”

Fun with international human rights law, continued:

Lawyers for two Iraqis accused of the murder of two British soldiers now maintain that the men cannot get a fair trial in Iraq, and are entitled to one here in Britain instead. A High Court judge will rule on the case this week. Lawyers have already received several thousand pounds for representing the Iraqis, who, although not British citizens, have their case in the British courts funded by British taxpayers. Win or lose, the lawyers will receive more from that source. If the judge rules against them, they will no doubt appeal. The appeals process is lengthy, and lucrative. If they win, then there will be another issue to be litigated: whether the Iraqis should be given asylum in the UK, on the grounds that Iraq is not a safe place for the accused.

(“Iraqi crimes have no place in our courts” (editorial), Telegraph, Nov. 16).

Microblog 2008-11-16

American Apparel arbitration, cont’d

A couple of weeks ago I did a brief post, and guestblogger Victoria Pynchon did a longer one, on the unusual sequence of events by which American Apparel and its founder Dov Charney settled a sexual harassment lawsuit for an agreement to pay $1.3 million tied to an (abortive) agreement to send the case to what a judge characterized as a sham arbitration designed to end favorably to the company. The company hadn’t at that point (so far as I know) responded publicly to the controversy, but shortly thereafter got its side of the dispute more or less on the record as part of a lengthy post at the blog Jezebel (Oct. 31). There’s also a related Oct. 30 item on the case at Portfolio. It quotes ubiquitous NYU legal ethicist Stephen Gillers, with whose views this blog is frequently out of step, who “said he found no real ethical problems with the ginning up of a sham arbitration to issue a press release. ‘The lawyers had no duty to insure that the public got the facts or that the issues were resolved based on a real trial before a real tribunal with real evidence.'”

Microblog 2008-11-14

  • Lawyers and other professionals who blog should read new Kevin LaCroix post “On Blogging” [D&O Diary h/t @SecuritiesD] #
  • Daily H.L. Mencken quotes [courtesy @ahndymac] #
  • Funny, earthy blog by urban emergency room nurse [Crass-Pollination] # @danimari Odd how ERs generate so many of the best medblogs e.g. WhiteCoatRants, ER Stories, Movin’ Meat, SymTym, GruntDoc etc. #
  • Calm down, conservatives, Dems aren’t planning to revive Fairness Doctrine [James Rainey, L.A. Times] # Or are we sure about that? [Ed Morrissey, Patterico]
  • Advice on jury selection: “don’t continue to poke a bee hive with a stick” [Texas Country Trial Lawyer, h/t @HouCrimLaw] #
  • Video humor for font geeks [College Humor, h/t @sekimori] #
  • Do you blog, tweet, send saucy emails or IMs? You may not be well suited for a job in the new admin [Caron, TaxProf] #
  • @rebeccawatson of possible interest regarding litigious diploma mills [this site, Oct. 27, 2003] #
  • Beautiful photos of New York in the 1930s [Flickr h/t @CoolPics] #

Gerry Spence to trial lawyers: “We are the most important people in America”

The Wyoming-based legal gunslinger spoke at the annual conference of the Consumer Attorneys of California, and (U.S. Chamber-backed) Legal NewsLine took down some audience-rousing quotes that went pretty far even by grandiose Spence standards: “We are the most important people in America… I want to ask you which would be more important: If all of the doctors in the country somehow disappeared or all the trial lawyers in America somehow disappeared?” he asked. “We can live without medical care, but we cannot live without justice.” (Chris Rizo, “Spence: Trial lawyers more important than doctors”, Nov. 12).

More from Dan Pero: “Was it just bad timing or some sort of cosmic justice that Mr. Spence made this preposterous claim on Veterans Day?”