obstetrics – Overlawyered https://www.overlawyered.com/ Chronicling the high cost of our legal system Sun, 25 Aug 2019 13:45:21 +0000 en-US hourly 1 Medical roundup https://www.overlawyered.com/2019/08/medical-roundup-70/ https://www.overlawyered.com/2019/08/medical-roundup-70/#comments Mon, 26 Aug 2019 09:59:05 +0000 https://www.overlawyered.com/?p=73252 Wild scandal of Malibu rehab-center guru charged with alleged $176 million insurance fraud has roots in the artificial conditions imposed by federal law [Chris Edwards, Cato] “A new Trump executive order on kidneys could save thousands of lives” [Dylan Matthews/Vox via Alex Tabarrok] Advocates have long campaigned to change the law so as to allow […]

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Wild scandal of Malibu rehab-center guru charged with alleged $176 million insurance fraud has roots in the artificial conditions imposed by federal law [Chris Edwards, Cato]
  • “A new Trump executive order on kidneys could save thousands of lives” [Dylan Matthews/Vox via Alex Tabarrok]
  • Advocates have long campaigned to change the law so as to allow medical malpractice suits by service members against the U.S. military. Are they getting close? [Roxana Tiron and Travis J. Tritten, Bloomberg Law; James Clark/Task & Purpose] New study of defensive medicine, extrapolated from data reflecting military immunity, finds “suggestive evidence that liability immunity reduces inpatient spending by 5 percent with no measurable negative effect on patient outcomes.” [Michael Frakes and Jonathan Gruber, American Economic Journal via Scott Sumner]
  • Meanwhile, said to be new record: Baltimore jury awards $229 million in claim of obstetric brain injury that Johns Hopkins says is “not supported by the evidence” [Tim Prudente, Baltimore Sun via Saurabh Jha (“My guess is that this verdict won’t reduce the frequency of C-sections in the US”)] “Best & Worst States for Doctors” [John S. Kiernan, WalletHub]
  • It might not always improve outcomes in a hard science like medicine to rethink every issue through an “equity lens.” Case in point: differing male and female rates of heart disease [Anish Koka, Quillette]
  • “Medical Malpractice Reform: What Works and What Doesn’t” [W. Kip Viscusi, forthcoming Denver Law Review]
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    Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/08/medical-roundup-70/feed/ 4     “Dad who live-streamed his son’s birth on Facebook loses in court” https://www.overlawyered.com/2017/02/dad-live-streamed-sons-birth-facebook-loses-court/ Sat, 18 Feb 2017 18:36:14 +0000 https://www.overlawyered.com/?p=63223 Fair use, says a federal judge: “A father who live-streamed his son’s birth on Facebook and proceeded to sue for copyright infringement several media outlets that used the clips has lost his case.” [Joe Mullin, ArsTechnica] Tags: copyright, Facebook, obstetrics

    “Dad who live-streamed his son’s birth on Facebook loses in court” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Fair use, says a federal judge: “A father who live-streamed his son’s birth on Facebook and proceeded to sue for copyright infringement several media outlets that used the clips has lost his case.” [Joe Mullin, ArsTechnica]

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    “Dad who live-streamed his son’s birth on Facebook loses in court” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Legal pressures on childbirth options https://www.overlawyered.com/2014/06/legal-pressures-childbirth-options/ Sat, 21 Jun 2014 12:56:02 +0000 http://overlawyered.com/?p=46649 “Judging from Facebook, the country seems to be brimming with women who have had ‘unsatisfying experiences’ in hospitals,” writes Naomi Schaefer Riley. I’m quoted: “Our tort system works to take away women’s choices. In the name of safety we allow litigation to slice away at the range of choices women have,” whether it be choice […]

    Legal pressures on childbirth options is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “Judging from Facebook, the country seems to be brimming with women who have had ‘unsatisfying experiences’ in hospitals,” writes Naomi Schaefer Riley. I’m quoted: “Our tort system works to take away women’s choices. In the name of safety we allow litigation to slice away at the range of choices women have,” whether it be choice of at-home or close-to-home options, choice of personnel, or choice of delivery method. [New York Post]

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    Legal pressures on childbirth options is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Obstetrician not liable for trying to save baby’s life https://www.overlawyered.com/2012/04/obstetrician-not-liable-for-trying-to-save-babys-life/ https://www.overlawyered.com/2012/04/obstetrician-not-liable-for-trying-to-save-babys-life/#comments Sat, 07 Apr 2012 11:45:18 +0000 http://overlawyered.com/?p=28778 “A woman whose fetus was stillborn cannot sue the doctor who performed an emergency Caesarian section in a futile attempt to save its life, an appeals court ruled.” The unanimous five-judge panel called the plaintiff’s theory “remarkable.” [Reuters via White Coat] Tags: obstetrics

    Obstetrician not liable for trying to save baby’s life is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “A woman whose fetus was stillborn cannot sue the doctor who performed an emergency Caesarian section in a futile attempt to save its life, an appeals court ruled.” The unanimous five-judge panel called the plaintiff’s theory “remarkable.” [Reuters via White Coat]

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    Obstetrician not liable for trying to save baby’s life is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2012/04/obstetrician-not-liable-for-trying-to-save-babys-life/feed/ 3     Medical roundup https://www.overlawyered.com/2011/10/medical-roundup/ https://www.overlawyered.com/2011/10/medical-roundup/#comments Thu, 20 Oct 2011 13:57:05 +0000 http://overlawyered.com/?p=25038 View from Massachusetts General Hospital: drug shortages getting “dire” [WBUR, earlier here, here, here, etc.] Medical liability roundup: Sheriff arrives at Ohio doctor’s home to enforce $9.7 million award blaming lack of Caesarean section for cerebral palsy [TribToday] North Carolina legislature overrides Gov. Beverly Perdue’s veto of liability limits [News & Observer via White Coat] […]

    Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • View from Massachusetts General Hospital: drug shortages getting “dire” [WBUR, earlier here, here, here, etc.]
  • Medical liability roundup: Sheriff arrives at Ohio doctor’s home to enforce $9.7 million award blaming lack of Caesarean section for cerebral palsy [TribToday] North Carolina legislature overrides Gov. Beverly Perdue’s veto of liability limits [News & Observer via White Coat] Trial-lawyer-friendly Florida Supreme Court could strike down malpractice award limits in pending case [Orlando Business Journal]
  • “Antitrust rules handcuff physician-led delivery models” [American Medical News]
  • Relatedly, who was it who imagined anonymous denunciation of doctors was going to be a good idea? [Jay Hopkinson via Larry Ribstein]
  • New Medicare paperwork threat to clinical trials? [Beck]
  • Study: Elected coroners less likely to label deaths as suicide than appointed counterparts, family’s access to insurance benefits may be factor [Kevin B. O’Reilly, American Medical News]
  • “Gee, why wouldn’t Obama administration want judges and “public interest” lawyers running its new health care law?” [Mickey Kaus on New Republic report]
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    Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2011/10/medical-roundup/feed/ 1     June 7 roundup https://www.overlawyered.com/2011/06/june-7-roundup-3/ https://www.overlawyered.com/2011/06/june-7-roundup-3/#comments Tue, 07 Jun 2011 05:19:34 +0000 http://overlawyered.com/?p=23278 Claim: unwanted sugar in Dunkin’ Donuts coffee order sent customer into diabetic shock [AP] Schadenfreude aside, key theory in feds’ case against John Edwards looking mighty strained [Meck Deck/John Locke Foundation, Steve Hayward/Power Line, Ted Frank, Jacob Sullum] “They’ve indicted one former presidential candidate on one count of false statements?” [Caleb Brown] American Lawyer looks […]

    June 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Claim: unwanted sugar in Dunkin’ Donuts coffee order sent customer into diabetic shock [AP]
  • Schadenfreude aside, key theory in feds’ case against John Edwards looking mighty strained [Meck Deck/John Locke Foundation, Steve Hayward/Power Line, Ted Frank, Jacob Sullum] “They’ve indicted one former presidential candidate on one count of false statements?” [Caleb Brown] American Lawyer looks back at the law firms that backed Edwards in 2008; our coverage of his ’04 law-firm backers and of moneyman Fred Baron, and my commentary on Baron’s ethical standards;
  • Edwards-reminiscent? Theory that earlier C-section would have averted cerebral palsy nets $58 M verdict [Thomas Scheffey, Connecticut Law Tribune]
  • Carter Wood, key business-policy blogger, departs NAM for Business Roundtable;
  • Tenderer tort-law treatment for trespassers, courtesy 3rd Restatement? [David Freddoso/Examiner, Richard Cupp via TortsProf]
  • Non-shockingly, some litigation defense lawyers aren’t enthusiastic about lawsuit reform [Texas Lawyer]
  • “Attorney charged with stealing clerk’s textbook from courtroom” [Baltimore Sun]
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    June 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2011/06/june-7-roundup-3/feed/ 5     Henry Waxman and the Bendectin story https://www.overlawyered.com/2011/06/henry-waxman-and-the-bendectin-story/ Sat, 04 Jun 2011 13:12:17 +0000 http://overlawyered.com/?p=23241 Could it be that Rep. Henry Waxman (D-Calif.) — known for his extensive involvement in pharmaceutical issues over many years as a Congressional nabob, and for his long, close alliance with the plaintiff’s bar — is really unfamiliar with the story of Bendectin, one of the staple horror stories of litigation run amok in the […]

    Henry Waxman and the Bendectin story is a post from Overlawyered - Chronicling the high cost of our legal system

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    Could it be that Rep. Henry Waxman (D-Calif.) — known for his extensive involvement in pharmaceutical issues over many years as a Congressional nabob, and for his long, close alliance with the plaintiff’s bar — is really unfamiliar with the story of Bendectin, one of the staple horror stories of litigation run amok in the drug field? [Carter Wood, ShopFloor] Background here, here, here, etc., etc. The whole clip, starring Rep. Brian Bilbray (R-CA), is worth watching: Bilbray wonders aloud whether there are any lawyers he can sue when unfounded lawsuits put needed medical technologies out of reach.

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    Henry Waxman and the Bendectin story is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         “More risk of getting sued…” https://www.overlawyered.com/2011/05/more-risk-of-getting-sued/ https://www.overlawyered.com/2011/05/more-risk-of-getting-sued/#comments Thu, 19 May 2011 05:07:02 +0000 http://overlawyered.com/?p=23034 Some Florida ob-gyns turn away seriously overweight patients, who face a greater risk of complications in pregnancy [Sun-Sentinel/Palm Beach Post] More: White Coat. Tags: defensive medicine, obstetrics

    “More risk of getting sued…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Some Florida ob-gyns turn away seriously overweight patients, who face a greater risk of complications in pregnancy [Sun-Sentinel/Palm Beach Post] More: White Coat.

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    “More risk of getting sued…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2011/05/more-risk-of-getting-sued/feed/ 4     “Suit: Another woman’s breast has ruined my life” https://www.overlawyered.com/2011/04/suit-another-woman%e2%80%99s-breast-has-ruined-my-life/ https://www.overlawyered.com/2011/04/suit-another-woman%e2%80%99s-breast-has-ruined-my-life/#comments Fri, 22 Apr 2011 16:57:26 +0000 http://overlawyered.com/?p=22656 A Brooklyn woman intends to pursue further levels of judicial review after an appeals court denied her damages in a breast-feeding mix-up “because the error was discovered and fixed inside the hospital and her infant didn’t get sick or injured.” [Brooklyn Paper; another breastfeeding mixup case] Tags: damages, hospitals, New York, obstetrics

    “Suit: Another woman’s breast has ruined my life” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     A Brooklyn woman intends to pursue further levels of judicial review after an appeals court denied her damages in a breast-feeding mix-up “because the error was discovered and fixed inside the hospital and her infant didn’t get sick or injured.” [Brooklyn Paper; another breastfeeding mixup case]

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    “Suit: Another woman’s breast has ruined my life” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2011/04/suit-another-woman%e2%80%99s-breast-has-ruined-my-life/feed/ 1     Delayed action https://www.overlawyered.com/2011/02/delayed-action/ https://www.overlawyered.com/2011/02/delayed-action/#comments Wed, 09 Feb 2011 12:46:30 +0000 http://overlawyered.com/?p=21397 White Coat sums up a recent jury verdict: “Obstetrician ordered to pay $3 million to patient born with cerebral palsy … 18 years ago.” The doctor, from Glens Falls, N.Y., “has $2 million in insurance coverage and may have to cover $1 million of the verdict himself,” according to the story. Statutes of limitations in […]

    Delayed action is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     White Coat sums up a recent jury verdict: “Obstetrician ordered to pay $3 million to patient born with cerebral palsy … 18 years ago.” The doctor, from Glens Falls, N.Y., “has $2 million in insurance coverage and may have to cover $1 million of the verdict himself,” according to the story. Statutes of limitations in medical malpractice actions are often “tolled” (suspended) until a child reaches the age of majority, so that it is by no means unheard-of for families to file suit a decade and a half after a medical occurrence.

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    Delayed action is a post from Overlawyered - Chronicling the high cost of our legal system

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