Posts Tagged ‘medical malpractice’

July 6 roundup

Update to Tennessee medmal verdict

Update to the Hamilton County medical malpractice case we discussed in May. Four jurors have signed affidavits claiming that they were “coerced” by the judges’ instructions demanding a verdict into finding for the plaintiff rather than deadlocking the jury; one or two others deny that this happened. (Chattanooga Free Press, Jun. 14, Jun. 24, and Jun. 28; h/t J.T.)

While the “Allen charge” the judge gave appears to violate Tennessee law (which, unlike federal law, disapproves of such instructions), reading between the lines of the news stories, it seems that the defendants sandbagged any objection. As one can see, the journalist did not know enough law to ask the follow-up question “Did you object at the time to the jury instruction?”, which would be the critical inquiry. (Though it is possible that she did know, but had that part of her story cut by editors.) If this is the best grounds of appeal for the defendants, and plaintiff’s lawyers are correct that there was no objection at the time, the defendant is facing a steep uphill battle. Generally, courts don’t like to go wading elbows deep to scrutinize the jury deliberations; otherwise, every trial would be followed by a collateral trial into the claims of jurors, and losing parties would have the incentive to lobby jurors to testify against their verdict. (I learned this the hard way in my first appellate briefing as a junior associate.)

Around the web, July 3

  • Transportation Security Administration detained comic book artist based on art he was carrying with him [Popehat]
  • More unease over Federal Trade Commission move to regulate bloggers’ freebies [Citizen Media Law, CEI “Open Market”, earlier] “I could care less that Milly the Yarn Spinner at millysworldofyarn.com is getting free samples of yarn to review on her blog.” [John Dvorak, PC Mag]
  • “Judge Calls Frivolous Suits Against Attorneys a ‘Disturbing Trend'” [NYLJ; Staten Island, N.Y.]
  • Sad news: Excellent online music service Pandora, unable to negotiate rights affordably, shuts down for customers outside the U.S. [Prefixmag, earlier]
  • Joseph Stiglitz says the UN has a key role to play in “reforming the global financial and economic system”, which “is a bad idea. It is a very bad idea.” [Tyler Cowen]
  • All assemble for trial: more installments in White Coat’s saga of his malpractice case [Emergency Physicians Monthly, parts seven and eight]
  • Netherlands: site gets sued because of the way Google indexed it [TheNextWeb.com]
  • Phone company faces grievance after disallowing workers’ metal facial jewelry as electricity-conducting risk [eight years ago on Overlawyered]

June 23 roundup

  • In case you were waiting for it: update on “toxic-bra” litigation [OnPoint News, Kashmir Hill, Above the Law (noting that rashes can have many different causes); earlier]
  • Parts 5 & 6 of White Coat’s malpractice-suit saga [opposition’s expert witness; emotional support]
  • “Global Insurance Fraud by North Korea Outlined” [Washington Post]
  • British cops aren’t saying which famous buildings you can be stopped/searched for photographing [BoingBoing]
  • FBI said to probe whether construction-defect lawyers have improper ties to Nevada homeowner associations that give them business [Carter Wood at Point of Law]
  • With junk science in even criminal prosecutions, is there hope of keeping it out of civil cases? [Coyote]
  • “Remember when you could fight with a sibling and not face arrest?” [Obscure Store, 10-year-old Texas girl]
  • Australian man obtains patent on “circular transportation facilitation device”, otherwise known as “the wheel”, to make point about ease of obtaining weak patents [eight years ago on Overlawyered]

“Obama Open to Reining in Medical Suits”

Confirming earlier reports: “In closed-door talks, Mr. Obama has been making the case that reducing malpractice lawsuits — a goal of many doctors and Republicans — can help drive down health care costs, and should be considered as part of any health care overhaul, according to lawmakers of both parties, as well as A.M.A. officials.” One positive factor for reformers: presidential aide Dr. Ezekiel Emanuel has written that there is “no doubt” that “monumental change” in the malpractice system is called for. [New York Times]

In 2004, Obama was quoted as saying, “Anyone who denies there’s a crisis with medical malpractice insurance is probably a trial lawyer”. Other coverage here, here (Ted at PoL, taking skeptical view) and here. The Times characterizes former Senate leader Tom Daschle as being these days “a strong proponent of linking evidence-based medicine with protections against lawsuits”; it’s not clear how new this development is, or how comfortably it meshes with Daschle’s role as a reliable longtime ally of organized trial lawyers (cross-posted at Point of Law). More: Sean Alfano, CBS “Political HotSheet”; Max Kennerly (on proposal’s lack of clarity); Carter Wood @ ShopFloor (if this is meant as more than a bargaining chip, shouldn’t the Obama administration be looking askance at expanded medical-device liability?).

Blogging his own malpractice trial

stethoscopeWhite Coat’s trial is in fact concluded, so he’s not liveblogging it, but recounting it after the fact; posting while the trial was in progress was what got Boston pediatrician “Flea” into so much trouble a couple of years ago after the posts came to the attention of opposing lawyers. [first, second posts] Some reactions: Eric Turkewitz, MedicineThink.