Overlawyered: Chronicling The High Cost Of Our Legal System

Posts Tagged ‘hospitals’

Newsweek responds to trial lawyers

In response to the fusillade of abuse it got from trial lawyers and their allies over its Dec. 15 cover story “Lawsuit Hell” (see Dec. 8, Dec. 12, Dec. 15), Newsweek has now published (Jan. 12 issue) a short editor’s note (reprinted at end of this post) standing by its reporting as “both accurate and fair”. (More later today on this.)

ATLA, Public Citizen et al. had complained loudly about how the magazine reported a jury award against Stanford University’s hospital as being $70 million while supposedly concealing from readers that the “present value” of this future stream of outlays was only $8 million. Newsweek’s editors respond effectively to this charge, but we will add one further point to what they say, namely that other major press outlets likewise reported the (accurate) $70 million figure at the time of the Stanford verdict. ATLA would have looked rather silly had it made clear that its complaint was about the magazine’s having followed the lead of the AP, the San Jose Mercury News, and the Recorder (PDF reprint) on this point. More: Lawyers’ Weekly USA now trumpets the Stanford case under the $71 million banner as one of its “Top Ten Jury Verdicts of 2003“.

Newsweek’s editorial note follows:

Read On…

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NYT on Bronx courts

New York Times probes patronage-ridden Bronx courts: “Last summer, Justice Douglas E. McKeon, up for re-election to State Supreme Court in the Bronx, decided he needed to raise some campaign money. … fearing a tough fight, his campaign obtained a membership list from the state trial lawyers’ association and used it to send solicitations to Bronx and Manhattan trial lawyers. The lawyers donated by the dozens.

“Among the largest donors were law firms and lawyers who routinely file malpractice lawsuits against the city’s Health and Hospitals Corporation, which runs the public hospitals. The judge is the Bronx justice assigned to cases against the corporation, handling a lengthy list of malpractice suits charging that patients were neglected at Jacobi, Lincoln, North Central Bronx and other hospitals. …

“In all, the 150 or so donors to the McKeon committee have some 300 current cases before him, according to a comparison of the donor list and an electronic database of court records compiled by LexisNexis. Justice McKeon’s fund-raising strategy is common” both in the Bronx and in the rest of New York. Also many details on judges’ dispensing of lucrative guardianships to favored attorneys (see Nov. 11; Dec. 20, 2001) (Clifford J. Levy, Kevin Flynn, Leslie Eaton and Andy Newman, “A Bronx Judiciary Awash in Patronage, All Legal”, New York Times, Jan. 3)(see Dec. 20, 1999; May 1, 2000). The Bronx has the reputation of awarding the highest medical malpractice verdicts in the country.

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Med-mal roundup

Lack of malpractice insurance is threatening to close the only obstetrics practice in Virginia’s rural and economically depressed Northern Neck region. The closure of Rappahannock General Hospital’s OB unit, which delivers about 250 babies a year, would be “absolutely devastating” to community health, says Albert C. Pollard Jr., who represents the region in the Virginia House of Delegates: “we’d lose a lot of babies if somebody has to drive to Richmond or Newport News.” (Frank Delano, “Crisis presses OB docs”, Fredericksburg (Va.) Free Lance-Star, Dec. 21). “While the governor and Legislature dither over fixing the state’s medical malpractice system, the [Philadelphia] region’s doctors have been voting with their feet,” reports the Philadelphia Daily News. “And they are choosing states that cap damages in malpractice lawsuits — or have other strong reforms to keep malpractice insurance premiums low.” (Michael Hinkelman, “Pa. docs are moving to ‘cap’ states”, Philadelphia Daily News, Dec. 8). Hard numbers on malpractice payouts are often in short supply, but the Missouri state department of insurance has some: it says insurance companies operating in the state “reported paying $135 million to cover 524 claims closed last year”. Self-insured entities, mostly hospitals, “reported paying $6.6 million to close 42 claims, but the actual number of claims and the amount paid may be understated in the data, department spokesman Randy McConnell said. … The average malpractice claim takes more than four years to reach resolution, so the 2002 claims data capture injuries sustained over a period of years. Only 15 of the 566 claims went to a court verdict.” Most of the paid cases involved claims that medical misadventure led to permanent injury or death. (Judith Vandewater, “566 medical malpractice claims were settled in Missouri in 2002”, St. Louis Post-Dispatch, Dec. 4). The American Medical Association rates Missouri a “crisis” state. (M. Steele Brown, “Malpractice ‘crisis’ drives docs from Missouri”, Kansas City Business Journal, May 5).

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Killer nurse: hospitals didn’t share records

“‘What I’m coming to understand is that, short of an actual conviction or revocation of a license, none of that information gets shared,’ said Dr. William Cors, chief medical officer at Somerset Medical Center in Somerville, N.J., where Mr. [Charles] Cullen last worked and where, prosecutors say, he may have killed 12 to 15 patients. ‘If anything good comes from this, it would be to reform the system where we’re prevented from telling one another what we know out of fear, quite frankly, of being sued.’ … Ms. Schantz, at St. Luke’s, said, ‘There is no record that anyone called here, ever, for any recommendation on him.’ And if someone had called? She said she was not sure what the hospital would have said. Hospitals are loath to say anything negative, she acknowledged, adding, ‘We’re a litigious society.'” (Richard P?rez-Pe?a, “Hospitals Didn’t Share Records of a Nurse Accused in Killings”, New York Times, Dec. 17). For more on reference liability, see Aug. 7; discussion of pilot and teacher cases from The Excuse Factory (link now dead). See also Mar. 23, 2000. More: Jan. 29, Mar. 3, Mar. 30.

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Pooh balloon ticket

NYC’s Finest continue their ticketing campaign said to be aimed at improving “quality of life” (if you call that living): “Police wrote Queens hospital worker George Pulido a summons for making unreasonable noise because his son Christopher’s Winnie the Pooh balloon popped on the street.” (Leo Standora, “The most un-pop-ular bust of all?”, New York Daily News, Dec. 4)(via Hill-Kleerup, which comments, “Just keep telling yourself, ‘They don?t have ticket quotas ? they don?t have ticket quotas ? they don?t have ticket quotas ? right?'”)

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Medical privacy madness, cont’d

Milwaukee Journal-Sentinel has more about how HIPAA, the federal medical-privacy act, is undercutting care (see Oct. 23). For example, doctors who believe their elderly patients should not be driving anymore are less likely to pass on the word to family members. ‘We’re [also] seeing more medication errors in older patients because of this,’ says John Riesch, a vascular surgeon for the past 41 years and a former president of the Medical Society of Wisconsin. … The patients, who were used to having family members or companions help them figure out their medications, are now fending for themselves and sometimes taking the wrong dosage, Riesch says.” A federal regulator, meanwhile, expresses impatience at some doctors’ overcaution on these matters: despite “persistent” and “destructive” myths to the contrary, “spouses can pick up prescriptions for one another, doctors can send e-mails to their patients, and hospitals can release a patient’s room number and condition if the patient approves,” and so forth. Silly doctors, to be so spooked by the prospect of $10,000 fines for overstepping hundreds of pages of guidelines. (Meg Kissinger, “Fears over privacy law compromising care”, Nov. 8).

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Update: “Lawyers’ Ads Seeking Clients in Ferry Crash”

As we predicted in an Oct. 18 entry, suits are being filed at a rapid pace over the October Staten Island ferry crash. Some suits feature victims who have suffered very real and very tragic injuries — but are seeking payouts as high as $500 million. Others are seeking millions or hundreds of millions of dollars for “emotional trauma” or “losing sleep”. And television and newspaper advertisements abound as lawyers solicit clients–including one tv ad showing “a ghostly image of a ferry washed over by a tidal wave of green dollar signs”. Best two paragraphs from today’s New York Times–wait for the punchline:

Lloyd Joseph fractured his back when the ferry crashed and was still being treated last night for various injuries at a Staten Island hospital. Mr. Joseph and his lawyer, Sanford Rubenstein, during a conference call interview, lamented the fact that some of the lawsuits stemming from the accident seemed frivolous.

“It’s ridiculous,” said Mr. Rubenstein, who did not advertise for ferry-crash clients. “Obviously, the public might have a problem taking seriously a claim that is serious when others that are not that serious are filed for huge amounts.” Mr. Joseph and his wife, Jocelyn, are seeking $105 million in their lawsuit.

(Susan Saulny, New York Times, Nov. 4). (via Bashman)

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Disappearing Australians

Lifeguards: “One of Victoria’s most popular surf beaches may be unpatrolled this summer as its lifesaving club struggles to pay the huge public liability insurance costs. The Torquay club will not put lifesavers on the beach this season if the State Government does not pass legislation protecting members and the club from litigation.” (Stephen Moynihan, “Popular beach may have no lifesavers this season”, Melbourne Age, Nov. 2). Pediatric surgeons: “Eighteen orthopedic surgeons and obstetricians have quit public hospitals in Sydney in the past week because of the Government’s medical indemnity charge.” (Ruth Pollard, “Children’s surgeons quit, more will follow”, Sydney Morning Herald, Oct. 2). Rural obstetricians (Lucy Beaumont, “Insurance fear on rural births”, Melbourne Age, May 6). See David Little, “Left untreated, the indemnity system will cause more suffering”, Sydney Morning Herald, Oct. 9; Richard Ackland, “In a row between doctor and lawyer, you know who the politician will call”, Sydney Morning Herald, Oct. 31)

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Medical privacy madness

HIPAA, the stringent new federal medical-privacy law, took effect in April, and soon had what may be some rather drastic unintended consequences in the town of Craig, Colo.: “To protect the privacy of those needing medical help, 911 dispatchers stopped mentioning residents’ names in radio calls to emergency response teams. That made it more difficult for the teams to find addresses,” which critics charge may have contributed to the death of a local heart attack victim. Moreover, thousands of doctors “have stopped sending out appointment-reminder postcards, figuring the cards could be read by someone other than the patient. Some doctors have stopped leaving messages on patients’ telephone answering machines, fearing that other family members might listen to them. Wives have been told they no longer could verify dental appointments for their husbands” — even though a federal official says such postcards, phone messages and spousal verifications do not violate the law. (Laura Parker, “Medical-privacy law creates wide confusion”, USA Today, Oct. 16).

Medical errors often arise from miscommunication, and the law has also made medical providers more reluctant to share information with each other about patients. Medpundit Sydney Smith (Oct. 20) comments: “Part of the problem is that the penalties are so stiff (they include time in prison) that no one wants to risk any breach, no matter how nonsensical and impractical complying with it may seem. I’ve heard colleagues say that they’ve had requests for old medical records from other practices or hospitals rejected because their request form was deemed ‘non-HIPAA compliant,’ and I’ve heard nurses ask one another if they’re allowed to tell another nurse in another department — say dialysis — details about the patient they’re sending over for care. Most see the law as punitive — one that will be used by the disgruntled and unhappy as one more weapon in their attack arsenal (along with laws on disability, sexual harassment, equal opportunity, etc.). That makes people — especially those who manage large organizations — very nervous. And that’s another reason they abandon common sense so readily.”

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Following the standard of care?

“A San Francisco jury has awarded a 9-year-old boy $70.9 million in compensatory damages after finding a hospital and a medical clinic negligent for failing to diagnose his metabolic disease.” The mother of Michael Cook sued Stanford Health Services and the Palo Alto Medical Clinic, saying “that the hospital took Cook’s blood specimen when he was 4 hours old, too early to get accurate results when performing a required screening test for metabolic disorders.” Not until years later was Cook diagnosed with hereditary phenylketonuria, by which time he had suffered brain damage. “The lawyer defending Stanford Health Services, David Sheuerman, of Sheuerman, Martini & Tabari in San Jose, argued that the state didn’t come out with a guideline saying the tests should be done after a baby’s first 12 hours until 1995, the year after Cook was born. Sheuerman said 88,000 infants in California between zero and 12 hours of age were tested in 1994. ‘Stanford did their screening program the same way every other hospital in the (San Francisco) Bay Area did it.'” (Pam Smith, “San Francisco Jury Awards Boy $70.9M”, The Recorder, Sept. 30; Barbara Feder Ostrow, “$70 million awarded for boy’s brain damage”, San Jose Mercury-News, Sept. 30; Bob Egelko, “Brain-damaged boy wins huge verdict”, San Francisco Chronicle, Sept. 30).

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