Posts tagged as:

defensive medicine

Medical roundup

by Walter Olson on September 23, 2014

  • 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.]

{ 0 comments }

Medical roundup

by Walter Olson on September 10, 2014

  • 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]

{ 1 comment }

Medical roundup

by Walter Olson on August 22, 2013

  • 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]

{ 2 comments }

Medical roundup

by Walter Olson on July 16, 2013

{ 1 comment }

“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

by Walter Olson on February 14, 2012

  • “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]

{ 1 comment }

October 6 roundup

by Walter Olson on October 6, 2011

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.

{ 4 comments }

February 28 roundup

by Walter Olson on February 28, 2011

  • 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]

{ 5 comments }

“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.

{ 11 comments }

Like others who’ve looked at the question of how to close the federal government’s vast budget deficit, it finds promise in the idea of curbing liability payouts and defensive medicine. Trial lawyers are vowing to fight. [National Law Journal, Point of Law]

{ 2 comments }

Deficit-reduction panel

by Walter Olson on November 15, 2010

Among its other proposals, it’s calling for medical malpractice reform to “pay lawyers less and reduce defensive medicine.” [Reuters]

October 4 roundup

by Walter Olson on October 4, 2010

  • O.J. Simpson trial 15 years after [Tim Lynch, Cato at Liberty; a couple of my reactions back then]
  • Hackers expose internal documents of British copyright-mill law firm [Steele, LEF] Insult to injury: now that target law firm may be fined for privacy breach [same]
  • BAR/BRI antitrust case: “Judge Cites ‘Egregious Breach’ of Ethics, Slashes Law Firm Fee from $12M to $500K” [ABA Journal]
  • “Confessions of former debt collectors” [CNN Money via CL&P]
  • Big investigative series on prosecutorial misconduct [USA Today]
  • “Even with malpractice insurance, doctors opt for expensive, defensive medicine” [Jain/WaPo] “Medical malpractice suits drop but take a toll” [Pittsburgh Post-Gazette; Paul Carpenter, of the Allentown Morning Call, on problem and possible solutions] A contrary view: Ron Miller.
  • “Card check is dead … long live card check” [Hyman]
  • “Canada: Deported Russian spy sues for readmittance” [four years ago on Overlawyered] A role model for some in the spy ring recently deported from the U.S.?

{ 2 comments }

September 9 roundup

by Walter Olson on September 9, 2010

  • “Bullying Busybody for Senate: How Connecticut’s attorney general beat Craigslist into submission” [Sullum, Harper] Blumenthal’s Senate campaign sputtering despite huge advantages [Jack Fowler, NRO] Lloyd Grove interview with challenger Linda McMahon [Daily Beast]
  • “How Much Does Defensive Medicine Cost? One Study Says $46 Billion” [WSJ Health Blog, NY Times] Plus: a cardiologist’s comment;
  • “Man sues over parking ticket, says it disclosed too much info” [Obscure Store, suburban Chicago Daily Herald]
  • New allegations emerge in much-discussed “rape by deception” case in Israel [FrumForum, earlier, an academic comments]
  • A Connecticut village turns down money from Hartford and tackles a historic preservation project on its own [me at Cato]
  • NY Governor signs bill giving housekeepers, nannies new powers to sue employers for overtime, vacations [Workplace Prof] Plus: Hans in comments wonders whether the duty to avoid “hostile environment” harassment will collide with the right of free speech on sexual matters taken for granted (heretofore, at least) in a home environment.
  • “Lawyers sue Facebook for letting kids like advertisements” [Gryphon, PoL]
  • Per his foes, Gilded Age NYC trial lawyer William Howe used onion-scented handkerchief to summon tears at command [five years ago at Overlawyered]

{ 6 comments }

Few of our readers will be surprised at the new survey published in the Archives of Internal Medicine, but since some in the litigation lobby seem to go on denying the reality of defensive medicine problem year in and year out, it’s probably useful to keep piling on the evidence. [AP/WaPo]

{ 9 comments }

June 25 roundup

by Walter Olson on June 25, 2010

{ 3 comments }

“A substantial number of heart doctors — about one in four — say they order medical tests that might not be needed out of fear of getting sued, according to a new study,” reports the Associated Press. The study appeared in the American Heart Association journal Circulation: Cardiovascular Quality and Outcomes. More: WSJ Health Blog.

{ 21 comments }

Pediatric Insider:

…Defensive medicine costs you more than money. When was the last time you asked for telephone advice? Doctors are very, very leery of giving meaningful advice over the phone, because we can’t take the risk of this kind of conversation in front of a jury…

Everything we say and do is supposed to be documented, too – to defend ourselves. Every wonder why the doc spends so much time scribbling in the chart, instead of talking to you? It’s not because we like writing. It’s because every single day we’re reminded that the chart is our only defense.

Do you think this hasn’t increased health care costs? Do you think it hasn’t affected the relationships doctors have with patients?

{ 7 comments }