“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.
Posts tagged as:
defensive medicine
- “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]
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- Dodd-Frank, arms-trade laws serve to entrench bigger business against smaller [Tim Carney, Rand Simberg] Similarly with automakers and coal producers [David Henderson]
- One guess as to why: “Many Physicians Feel They’re Delivering Too Much Care” [WSJ health blog, CJAC] Insurers report incidence of med-mal claims has dropped, severity has increased [National Underwriter] Roundtable on defensive medicine [Orthopedics Today]
- Pinball Hall of Fame adversary doesn’t like being called a vexatious litigant [Las Vegas Weekly via @loweringthebar]
- U.K. “Solicitors from Hell” gripe site has so far defied multiple efforts to shut it down [Independent]
- WTC dust inhalation suits grind on on despite doubts on scientific effect [PoL, more] “Improbable Chain of Events Dooms Con Ed’s 9/11 Lawsuit” [Mark Hamblett, NYLJ]
- Nathan Glazer’s work in perspective, and an interview [City Journal];
- In the mail: Curtis Wilkie’s Dickie Scruggs book, “The Fall of the House of Zeus.”
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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- 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]
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“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.“
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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]
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Among its other proposals, it’s calling for medical malpractice reform to “pay lawyers less and reduce defensive medicine.” [Reuters]
- 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.?
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- “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]
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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]
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- Supreme Court limits scope of “honest services fraud” law [Mauro/NLJ, Ilya Shapiro and Tim Lynch, Cato, Bainbridge and more]
- No, defensive medicine isn’t a myth, ask your emergency room doc [AP/Columbus Dispatch] Eagerness to share horror stories [Sharon Begley, Newsweek] “Unusual for a Democrat, Obama readily acknowledges that defensive medicine is a problem.” [AP/WaPo] “VBAC rates are low, but are obstetricians to blame?” [Lin and Tuteur at KevinMD, Replogle/Fair Warning]
- Social life of a blawger, cont’d: I sat at David Lat’s table at CEI’s evening with Judge Kozinski [Above the Law] Judge Learned Hand, writing in an antitrust case, “was very knowledgeable about everything except how the world works.” [among the many funny things Judge K. said]
- For those keeping count, at least seven Roman Catholic dioceses in this country have filed for bankruptcy in abuse scandal [Hartley]
- Business Roundtable enumerates rapidly expanding roster of federal regulatory burdens [Ted at PoL, Amend the CPSIA, Tad DeHaven and Daniel Mitchell, Cato]
- Colleges fiddle numbers to comply with Title IX, but don’t you dare call it a quota law [LegalBlogWatch, Greenfield] New report on law’s ill effects on soccer [College Sports Council, Charlotte Allen/MtC] More: Allison Kasic, IWF. And back when, I wrote on Princeton wrestling and Title IX; CSC tells how that turned out.
- Former student of Prof. Robin West defends homeschooling [Sub Specie]
- Not too long ago: “My environmental advocacy organization would only fill the company cars at BP” [Stoll]
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“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.
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…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?
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- Are you a member of Tyson chicken or H&R Block Express IRA class action settlements?
- Jim Copland on Harry Reid and the trial bar. [NRO]
- Jim Copland on the Ground Zero settlement, which may pay lawyers $200 million—but the judge plans fee scrutiny. [NY Post; NY Daily News]
- Kevin LaCroix interviews the Circle of Greed authors. [D&O Diary]
- Judgeships: Rhode Island lead paint trial lawyer in despite mediocre rating, but Sri Srinivasan out because of his clients—not Al Qaeda, but, heaven forfend, eeeevil corporations like Hertz.
- There’s no evidence that workers on automotive brakes (which sometimes contain asbestos) get mesothelioma at a greater rate than the rest of the population, but auto companies still get sued over it. Ford fought one in Madison County, rather than settle, and won. [Madison County Record]
- Overview of defensive medicine at work. [AP]
- Pantsless Rielle Hunter on John Edwards: “He’s very honest and truthful.” [GQ]
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- Insurance mandate or no, New Jersey specialists tending to duck out of high-legal-risk procedures like mammography [Amy Handlin, Gloucester County Times via NJLRA]
- Audi redux, or something different this time? L.A. Times endorses charges of sudden acceleration against Toyota [Holman Jenkins/WSJ, FindLaw "Injured"]
- Ghastly idea of the year: Rep. Waxman wants federal government to be “responsible” for fixing journalism [Coyote, Bainbridge]
- “Arkansas Judge Tosses Defamation Lawsuit Against Dixie Chicks Over ‘West Memphis Three’ Letter” [Citizen Media Law, Longstreth/American Lawyer]
- Judge Weinstein: falsification by arresting officers seems “widespread” in NYPD [Balko, Greenfield]
- U.K.: Carbon ration cards? [Krauthammer]
- Nova Scotia, Canada: “A Couple in their 70s Wave at A Kid…And In Swoop the Cops” [Free-Range Kids]
- Barbra Streisand loses suit over aerial photo of her Malibu home taken by environmental group; by suing, she ensures that many thousands more people will see the photograph, in what is dubbed “Streisand effect” [six years ago on Overlawyered]
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- Judge vacates $1.2 billion default judgment against PepsiCo [Watertown, Wisc. Daily Times, Milwaukee Journal Sentinel, earlier]
- “Democrats’ first spokesman on medical malpractice: former head of the Iowa Trial Lawyers Association.” [Ponnuru, NRO, on Iowa Rep. Bruce Braley] Related: Carter Wood at Point of Law, Washington Times, David Frum, Fort Worth Star-Telegram (on provision in health bill discouraging states from adopting limits on lawyers’ fees or awards).
- Doubts about “scent lineups” in which police dogs are supposed to sniff out perps [Schwartz, NYT]
- Claimant in Staten Island Ferry crash ran into trouble when he couldn’t prove he was on the boat [NYLJ]
- New York courts strike out baseball injury claims on assumption of risk grounds [Hochfelder first, second, third posts; NYLJ]
- “Microsoft frowned on for smiley patent” [Slashdot via Coleman]
- “Step out of the loop, do something unusual” and run into an army of drones “whose sole job is to prevent their bosses from being sued.” [Never Yet Melted quoting British TV presenter Jeremy Clarkson on the U.S.]
- “A veterinarian’s view on ‘defensive medicine’” [Patty Khuly, USA Today]
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“Plenty, if you ask the people most familiar with the situation, the emergency physicians themselves.” [KevinMD, Emergency Physicians Monthly, White Coat, WSJ Law Blog] Relatedly: “Just to be sure: an ER slippery slope” [MedRants, WhiteCoat] And yesterday, from the AP.
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