Overlawyered » defensive medicine http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 February 14 roundup http://overlawyered.com/2012/02/february-14-roundup-2/ http://overlawyered.com/2012/02/february-14-roundup-2/#comments Tue, 14 Feb 2012 05:08:05 +0000 Walter Olson http://overlawyered.com/?p=27567
  • “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]
  • 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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    ]]>     http://overlawyered.com/2012/02/february-14-roundup-2/feed/ 1     October 6 roundup http://overlawyered.com/2011/10/october-6-roundup-3/ http://overlawyered.com/2011/10/october-6-roundup-3/#comments Thu, 06 Oct 2011 05:39:43 +0000 Walter Olson http://overlawyered.com/?p=24882
  • 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.”
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    ]]>     http://overlawyered.com/2011/10/october-6-roundup-3/feed/ 0     “More risk of getting sued…” http://overlawyered.com/2011/05/more-risk-of-getting-sued/ http://overlawyered.com/2011/05/more-risk-of-getting-sued/#comments Thu, 19 May 2011 05:07:02 +0000 Walter Olson 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.

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    ]]>     http://overlawyered.com/2011/05/more-risk-of-getting-sued/feed/ 4     February 28 roundup http://overlawyered.com/2011/02/february-28-roundup/ http://overlawyered.com/2011/02/february-28-roundup/#comments Mon, 28 Feb 2011 13:08:21 +0000 Walter Olson http://overlawyered.com/?p=21738
  • 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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    ]]>     http://overlawyered.com/2011/02/february-28-roundup/feed/ 5     New study: defensive medicine rife http://overlawyered.com/2011/02/new-study-defensive-medicine-rife/ http://overlawyered.com/2011/02/new-study-defensive-medicine-rife/#comments Tue, 22 Feb 2011 14:19:39 +0000 Walter Olson http://overlawyered.com/?p=21573 “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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    ]]>     http://overlawyered.com/2011/02/new-study-defensive-medicine-rife/feed/ 11     Bowles-Simpson commission proposes med-mal reform http://overlawyered.com/2010/12/bowles-simpson-commission-proposes-med-mal-reform/ http://overlawyered.com/2010/12/bowles-simpson-commission-proposes-med-mal-reform/#comments Fri, 03 Dec 2010 13:13:50 +0000 Walter Olson http://overlawyered.com/?p=20455 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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    ]]>     http://overlawyered.com/2010/12/bowles-simpson-commission-proposes-med-mal-reform/feed/ 2     Deficit-reduction panel http://overlawyered.com/2010/11/deficit-reduction-panel/ http://overlawyered.com/2010/11/deficit-reduction-panel/#comments Mon, 15 Nov 2010 14:00:28 +0000 Walter Olson http://overlawyered.com/?p=20144 Among its other proposals, it’s calling for medical malpractice reform to “pay lawyers less and reduce defensive medicine.” [Reuters]

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    ]]>     http://overlawyered.com/2010/11/deficit-reduction-panel/feed/ 0     October 4 roundup http://overlawyered.com/2010/10/october-4-roundup/ http://overlawyered.com/2010/10/october-4-roundup/#comments Mon, 04 Oct 2010 12:36:23 +0000 Walter Olson http://overlawyered.com/?p=19530
  • 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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    ]]>     http://overlawyered.com/2010/10/october-4-roundup/feed/ 2     September 9 roundup http://overlawyered.com/2010/09/september-9-roundup-2/ http://overlawyered.com/2010/09/september-9-roundup-2/#comments Thu, 09 Sep 2010 13:00:10 +0000 Walter Olson http://overlawyered.com/?p=19179
  • “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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    ]]>     http://overlawyered.com/2010/09/september-9-roundup-2/feed/ 6     “9 in 10 docs blame lawsuit fears for overtesting” http://overlawyered.com/2010/07/9-in-10-docs-blame-lawsuit-fears-for-overtesting/ http://overlawyered.com/2010/07/9-in-10-docs-blame-lawsuit-fears-for-overtesting/#comments Fri, 02 Jul 2010 11:09:59 +0000 Walter Olson http://overlawyered.com/?p=18024 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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