Posts Tagged ‘defensive medicine’

Medical roundup

  • Down comes the pediatrician’s wall of baby pictures, another HIPAA casualty [Anemona Hartocollis/NY Times, resulting letters to the editor, earlier, NPR with somewhat different slant]
  • Had the Washington Post stayed on story of Maryland health exchange fiasco, it might have held power to account [my Free State Notes]
  • FDA rules requiring that certain drugs be kept out of hands of anyone but patients may inadvertently establish monopoly for some off-patent compounds [Derek Lowe via Alex Tabarrok]
  • Richard Epstein argues Hobby Lobby right result, wrong reasoning [new Cato Supreme Court Review, more]
  • Defensive medicine: so much easier to go ahead and order the ultrasound [White Coat]
  • Fate of melanoma-scanning device and the FDA [Alex Tabarrok via Elizabeth Nolan Brown] Can agency learn from European private certification? [more]
  • Seredipitous offshoot of study on rats helped premature infants; but would this have been quite as likely to appear in HuffPo if framed as “what we owe lab-animal research” rather than “what we owe federal research”? [Sam Stein; related, first volunteer given new trial Ebola vaccine, and a hat tip to lab-animal research on that too [Wellcome, U.K.]

Medical roundup

  • ObamaCare challenge: D.C. Circuit vacates Halbig decision for en banc rehearing [Roger Pilon, earlier]
  • ACLU and SEIU California affiliates oppose trial lawyers’ higher-damages-plus-drug-testing Proposition 46 [No On 46, earlier] As does Sacramento Bee in an editorial;
  • Rethinking the use of patient restraints in hospitals [Ravi Parikh, Atlantic; legal fears not mentioned, however]
  • Certificate of need regulation: “I didn’t know the state of Illinois had a standard for the maximum permissible size of a hospital room.” [John Cochrane]
  • In China, according to a study by Benjamin Liebman of Columbia Law School, hired malpractice mobs “consistently extract more money from hospitals than legal proceedings do” [Christopher Beam, The New Yorker]
  • Overview of (private-lawyer-driven) municipal suits on painkiller marketing [John Schwartz, New York Times, earlier] More: Chicago’s contingency deal with Cohen Milstein on opioid lawsuit [LNL] More: Rob Green, Abnormal Use.
  • “So In The End, The VA Was Rewarded, Not Punished” [Coyote]

Medical roundup

  • No, ma’am, I’m not going to diagnose your kids with PTSD after your low-speed auto accident, but I’m sure some other doc will [White Coat]
  • In time to avert catastrophe? “FDA reboot of antibiotic development” [David Shlaes] Role of price controls in shortages of sterile injectables [ACSH]
  • Trial lawyers launch campaign to roll back MICRA, law that has limited California med-mal payouts [KPBS, L.A. Times]
  • DNA panopticon beckons: “Mississippi law requires cord blood from some teen moms” [Emily Wagster Pettus, AP, earlier]
  • Dear N.Y. Times: please make up your mind whether it’s OK to break health privacy laws [SmarterTimes]
  • Committee of AMA decides on schedules by which doctors are paid. And you were expecting it to be done how? [Arnold Kling]
  • “The more your doctor worries about getting sued, the more you’ll end up spending on medical tests” [MarketWatch on Michelle Mello study in Health Affairs] Oklahoma high court used strained rationale to strike down certificate of merit law [Bill of Health]

Medical roundup

“Rule out every possibility…a dangerous way to practice medicine”

“None of the death certificates in these cases list ‘Fear of Being Sued’ as the cause of death.” [“Birdstrike” at White Coat, EP Monthly] “Defensive medicine is rooted in the goal of avoiding mistakes. But each additional procedure or test, no matter how cautiously performed, injects a fresh possibility of error” as well as non-erroneous harm. [Sanjay Gupta, NYT] The Gupta column drew adverse comment from plaintiff’s bloggers (and occasional Overlawyered commenters) Eric Turkewitz and Max Kennerly.

February 14 roundup

  • “Brazil Sues Twitter in Bid to Ban Speed Trap and Roadblock Warnings” [ABA Journal]
  • Obama nominates Michigan trial lawyer Marietta Robinson to vacancy on Consumer Product Safety Commission, ensuring aggressively pro-regulatory majority [Bluey, Heritage]
  • “AMA reports show high cost of malpractice suits” [HCFN] “Average expense to defend against a medical liability claim in 2010 was $47,158″ [American Medical News, more] Survey of 1,200 orthopedic surgeons finds defensive medicine rife, at cost of billions, accounting for 7 percent of all hospital admissions [MedPageToday]
  • “Sue us only in Delaware” bylaws would kill off forum-shopping and what fun is that? [Bainbridge, Reuters]
  • Trial by media: Lefty “SourceWatch” posts, then deletes, docs from Madison County pesticide suit [Madison County Record]
  • Think you’ve beaten FCPA rap? Meet the obscure “Travel Act” [Mike Emmick, Reuters] Federal court expands “honest services fraud” in lobbying case [Paul Enzinna, Point of Law]
  • “On the horrors of getting approval for an ice-cream parlour in San Francisco” [NYT via Doctorow/BoingBoing]

October 6 roundup

February 28 roundup

  • Feds indict activist for handing out “jury nullification” tracts outside courthouse [Volokh, Greenfield] Anti-abortion billboard taken down after demand by NYC pol; co. says fear of violence was spur [NY Times]
  • Pigford class action (USDA bias against black farmers) defended and assailed [Friedersdorf and readers, Daniel Foster/NR, Mark Thompson/LOG, earlier here, here, here, etc.]
  • Avik Roy on Pennsylvania defensive-medicine study [Forbes]
  • Backstory: Scott Walker battled AFSCME for years as Milwaukee County exec [Aaron Rodriguez, Hispanic Conservative] “Wisconsin’s teachers required to teach kids labor union and collective bargaining history” [Daily Caller]
  • “The return of the $0 Costco fuel settlement” [CCAF]
  • Historic preservation vs. the obesity crusade: should a vintage Coke sign in San Francisco’s Bernal Heights neighborhood come down? [SFGate]
  • Law blog that covers a single beat closely can turn itself into a valued practice tool [Eric Turkewitz on John Hochfelder’s New York Injury Cases]
  • “Soda suits: Banzhaf browbeats school officials” [five years ago on Overlawyered]

New study: defensive medicine rife

“Nearly 35 percent of all the imaging costs ordered for 2,068 orthopaedic patient encounters in Pennsylvania were ordered for defensive purposes, according to a new study presented today at the 2011 Annual Meeting of the American Academy of Orthopaedic Surgeons (AAOS).” [AAOS, ABA Journal, Frank]

Related: David Freddoso, “Trial lawyers release malpractice primer.