Posts Tagged ‘medical malpractice’

December 19 roundup

  • Too much of a stretch: US nixes copyright in yoga exercises [Bloomberg, earlier]
  • “Know your rights dealing with cops” material construed as probative of criminality [Popehat] Is Justice Scalia really an “unlikely” champion of defendants’ Constitutional rights? [LATimes, Adler] “Overcriminalization: The Legislative Side of the Problem” [Larkin/Heritage, related Meese] When feds spring false-statements trap, it won’t matter whether you committed underlying offense being investigated [Popehat] “‘Clean Up Government Act’ sparks overcriminalization concerns” [PoL]
  • Former Attorney General Mukasey on ObamaCare recusal flap [Adler]
  • American Antitrust Institute proposals might be discounted given group’s longstanding pro-plaintiff bias [Thom Lambert]
  • NYC: “The tour guide said that the way to get rich is to be a zoning lawyer.” [Arnold Kling]
  • “Obama’s Top Ten Constitutional Violations” [Ilya Shapiro, Daily Caller] In at least two major areas, “Obama has broken with precedent to curtail religious freedom” [Steve Chapman]
  • Ted Frank-Shirley Svorny med mal debate wraps up [PoL, Bader]

December 7 roundup

  • Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]
  • Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]
  • Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]
  • “The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]
  • Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old’s “assault”)]
  • Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]

Medical roundup

  • Talking back to the “malpractice litigation is no big deal, docs should grin and bear it” theorists [David Sack, ACP via White Coat] “Worst states for medical malpractice risk” [White Coat]
  • Jury awards $25 million against hospital that didn’t file abuse report after boy came in with broken wrist [Fayetteville, N.C. Observer]
  • “Doctors Question Disability Decisions as Agency Moves to Speed Up Process” [WSJ via Walter Russell Mead]
  • New “Federalist Society equivalents” in medicine (Benjamin Rush Society), business, foreign affairs [John J. Miller, Philanthropy]
  • Fieger wins $144 million verdict blaming hospital for newborn’s cerebral palsy [suburban Detroit Tribune]
  • Feds force birth control coverage on Catholic organizations, and free association suffers [Roger Pilon, Cato]
  • Phone call from doc to patient’s home did not establish subsequent jurisdiction to sue there [Madison County Record] NY steps up program to streamline courts’ handling of med-mal claims [WSJ]

“Admitted Drug Dealer Sues Doctor Who Prescribed Painkillers”

Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record]

And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental health counseling. [Times-Leader]

October 28 roundup

  • Self-parody watch: Rep. Rosa DeLauro (D-Ct.) wants federal program to dispense free diapers [Fox News]
  • Trial-lawyer-friendly Florida Supreme Court could strike down state’s 2003 malpractice limits [Orlando Business Journal]
  • Don’t forget to thank Wal-Mart lobbyists for that debit fee charge [Mark Perry]
  • “Should insurers [be compelled by law to] pay for eating disorders?” [NYT “Room for Debate”]
  • Texas man drops suit against former fiancee [Above the Law]
  • “$75,000 Settlement for Muslim Teacher Denied 19 Days’ Unpaid Leave for Hajj (Pilgrimage to Mecca)” [Volokh]
  • Epidemiology for hire: “The Texas Sharpshooter Goes Free Range” [David Oliver]

“I always tell my clients, if you start a big disturbance, you’ll get a bigger compensation package.”

Although not conducted through the legal system, some battles in China over alleged injury from medical malpractice make for an interesting compare-and-contrast exercise, right down to the role of contingent fees:

Medical personnel advocates complain that the more violent incidents are staged by hired thugs, paid by families of the deceased in hopes of winning compensation from the hospitals. … The Chinese have even coined a word for the paid protesters: yinao, meaning “medical disturbance.”

“It has become a very sophisticated system for chasing profits. Whenever somebody dies in a hospital, the yinao will get in touch with the family and offer their services in exchange for 30% to 40%,” said Liu Di, who is setting up a social network for medical professionals.

[L.A. Times]

Libertarians and medical malpractice

What kind of medical liability market would emerge if courts decided to begin upholding freedom of contract? I take up that question — and explain some of my misgivings about efforts to portray today’s medical malpractice sector as somehow a free-market arrangement — at Cato at Liberty (& welcome Elie Mystal/Above the Law, GruntDoc, Ramesh Ponnuru readers).

Massachusetts: “Innovative Medical Liability Reform”

A new report for the Pioneer Institute by John Biebelhausen (Colorado) and Amy Lischko (Tufts) examines a range of policy options for improving the Massachusetts medical malpractice system, including “less traditional” options such as “contract liability,” a “method for patients to contract directly with doctors or health systems to establish pre-determined rules for compensation in the case of injury due to physician negligence.” [“Innovative Medical Liability Reform: Traditional and Non-Traditional Methods“]

September 21 roundup