- Primer on “severability”: would ObamaCare fall if individual mandate struck down? [Loyola, Epstein, Shapiro, American Interest] Maybe the President picked the wrong fight: “Supreme Court’s Ratings Jump Following Health Care Hearings” [Randy Barnett]
- Heritage on med-mal reform and federalism [Hans von Spakovsky; my take] A case for New Hampshire’s “early offer” med-mal proposal [Robinette, TortsProf] “Ohio’s tort reform has curbed soaring malpractice costs” [Columbus Dispatch editorial]
- Madison County: plaintiff’s lawyer seeks gag order in med-mal case [MC Record]
- Academics debate whether authorities should crack down on medical tourism [Cohen et al, Opinio Juris]
- Shortage of physician volunteers at marathon sports events, readers of this site can guess the reason [Outside mag via White Coat]
- Connecticut Gov. Malloy proposes letting home health workers rather than nurses administer pills to homebound patients, major savings foreseen [Connecticut Mirror] Related, David Henderson;
- Governments now often cite HIPAA as reason not to release information regarding accidents, crimes and disasters [Glenn Cook, Las Vegas Review-Journal] How HIPAA implementation can keep patient history out of emergency medical responders’ hands [EP Monthly]
- London: Red Ken has pay doc, NHS being Not His Style [Marian Tupy, Cato at Liberty]
Tagged as:
Connecticut,
emergency medicine,
HIPAA,
medical,
medical malpractice insurance,
New Hampshire,
Ohio
That’s what Connecticut plaintiff’s lawyer Craig Yankwitt said on filing a lawsuit against Stamford Hospital’s Tully immediate-care unit for allegedly missing pulmonary embolisms in a Greenwich man who came in complaining of flank pain. [Connecticut Post] White Coat analyzes what it would mean for emergency departments to hold on to patients until any possible life-threatening conditions had been ruled out.
Tagged as:
Connecticut,
emergency medicine
- Ray LaHood’s forgotten predecessor: “How One Bureaucrat Almost Succeeded in Banning Car Radios” [Mike Riggs, Reason]
- “Some Recent Nonsense on Freedom of Religion in the Times” [Paul Horwitz, Prawfs]
- Choice of Ben Stein as speaker for ABA Tech Show raises eyebrows [Derek Bambauer, InfoLaw]
- “Oblivion video game ‘Abomb” becomes federal lawsuit” [Abnormal Use]
- Tort causation: “Probability for thee, mere possibility for me” [David Oliver]
- Washington state says it won’t pay for “unnecessary” Medicaid ER visits. Can you see the unintended consequences coming? [White Coat]
- Utah says family can’t fundraise for son’s legal defense without permit [Standard-Examiner via Balko]
Tagged as:
autos,
Ben Stein,
churches,
emergency medicine,
Utah,
videogames,
Washington state
- Correct result, yet potential for mischief in latest SCOTUS climate ruling [Ilya Shapiro/Cato, my earlier take]
- Wouldn’t even want to guess: how the Howard Stern show handles sexual harassment training [Hyman]
- Philadelphia: $21 million award against emergency room handling noncompliant patient [Kennerly]
- Antitrust assault on Google seems geared to protect competitors more than consumers [Josh Wright]
- “They knew there was a risk!” Curb your indignation please [Coyote]
- Theme issue of Reason magazine on failures of criminal justice system is now online;
- “Why Your New Car Doesn’t Have a Spare Tire” [Sam Kazman, WSJ]
Tagged as:
antitrust,
autos,
broadcasters,
climate change,
crime and punishment,
emergency medicine,
global warming,
Google,
harassment law,
Philadelphia,
safety
- Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law]
- Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in Washington, D.C. really consider introducing such a destructive system? [Perry, more]
- Workers’ comp OK’d in case where simulated chicken head blamed for subsequent emotional disability [Lowering the Bar]
- “NBA referee sues sports writer over tweet” [Siouxsie Law] “Lessons from Dan Snyder’s Libel Suit” [Paul Alan Levy/CL&P, earlier]
- Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
- “Federal Government Wants to Bully School Bullies, and Demands School Help” [Doherty, Bader, Popehat, Bernstein] New York law firm launches school-bullying practice [Constitutional Daily]
- Mass tort settlements: “The market for specious claims” [S. Todd Brown, Buffalo, SSRN]
- Could Gene McCarthy’s candidacy have survived Arizona elections law? [Trevor Burrus, HuffPo]
Tagged as:
Alex Kozinski,
bullying,
campaign regulation,
emergency medicine,
libel slander and defamation,
mass tort fraud,
nursing homes,
NYC,
sports,
sued if you do,
Texas,
Twitter,
workers' compensation
Alabama: “A Jefferson County jury has awarded $2.4 million from an emergency physicians group to the mother of a 2-year-old who died after ingesting methadone.” Lawyers said the emergency department failed to take proper steps to rule out drug overdose as a reason for the child’s condition. [AP/WHNT via White Coat]
Plus: A more explanatory news account (h/t commenter John Rohan).
Tagged as:
Alabama,
emergency medicine
- Couldn’t sue the bees for stinging, but could get a $1.6 million judgment against the emergency room doc [NJLRA]
- Eurodoom: “EU to ban selling eggs by dozen” [Telegraph]
- “Oklahoma’s Unnecessary Law to Ban Citation of Sharia and International Law” [Ku/Opinio Juris, earlier]
- Shortage of generic anesthetics, and what’s behind it [Throckmorton, Great Zs, earlier]
- Hardball litigation tactics contribute to bad odor of consumer debt buyers [Felix Salmon]
- Interview with blogger Carlos Miller (Photography is Not a Crime) [Simon Owens, Bloggasm]
- Conyers “oil spill” bill would slyly expand litigation chances elsewhere [Drug and Device Law]
- Prosecutors deploy hate crimes law against… mortgage fraud? [NYT via PoL] 241 inmates serving life sentences claimed the federal homebuyer tax credit [CNBC]
Tagged as:
debtor-creditor law,
emergency medicine,
Europe,
hate crimes,
international law,
mortgages,
pharmaceuticals
- No answer at 911? “Florida Verdict May Threaten EMS Availability” [White Coat]
- New Orleans politico Steve Theriot drops suit seeking identities of online critics [Times-Picayune and more, NYT "Media Decoder", Slabbed, earlier]
- On a vial of anesthetic: “One patient use only.” Nevada jury finds that warning inadequate to prevent multiple patient use and awards $500 million in punitives [Carter at Point of Law, Abnormal Use] More: Ted at PoL.
- Floodgates to litigation? “Parent Can Sue Ex for Turning Children Against Him” [NJLJ]
- Lawyer who isn’t honest is a threat to the social order: noted Allentown, Pa. attorney gets 6 1/2 years for fraud [Legal Intelligencer, earlier]
- “Another European Prosecution for Insulting Religion” [Volokh; pop star Dorota Rabczewska, Poland]
- A lawyer’s advice: try to get those Rand Paul types off your jury [Turkewitz]
- If SEIU craves respectability, maybe it shouldn’t send mobs to besiege bank execs at their homes [Nina Easton, Fortune, cross-posted from Cato at Liberty; related from PoL last year; more from Big Journalism including role of D.C. police, but note denials on last point]
Tagged as:
emergency medicine,
failure to warn,
family law,
hate speech,
labor unions,
Nevada,
New Orleans
Convinced that the electrical sensations in his chest must be from one of those “defective pacemakers” he keeps seeing lawyer ads about, a man calls the 1-800 lawyer line and stays on hold for the longest time. He then decides instead to go to the hospital emergency room, which turns out to be a much better idea. (Throckmorton, Dec. 14).
Tagged as:
cardiology,
chasing clients,
emergency medicine
- Go vote for Overlawyered now, please, in the ABA Journal best-blogs contest; some details on contestants in other categories;
- Update on “Got Breastmilk?” trademark dispute [Giacalone; earlier]
- Trauma patient is bleeding while you fumble to get the IV equipment out of its blister pack. Soon it’ll be even more complicated. Thanks OSHA! [Throckmorton] And where are the stand-up medical comedy routines?
- Arkansas Supreme Court’s handling of school finance litigation suggests it’s making it up as it goes along [Jay Greene]
- “Linux Defenders” is tech-firm consortium’s new effort to create “no-fly zone” protecting open-source system from patent trolls [Parloff, Fortune]
- Zero tolerance roundup: 10 year old who took $5.96 Wal-Mart cap gun to school arrested, fingerprinted, faces expulsion [11alive.com, Newton County, Ga.] Harford County, Md. mom, acting as chaperone on school field trip, “reached out to tap” third grader to shush him, now faces ten years if convicted of assault [ABC2News.com, Baltimore] Related: we’re too afraid of touch [Times Online] Teasing is bad for children and other living things. Really? Are you sure? [Althouse, NYT]
- Columnist has opposed bailouts and favored free market liquidation of uneconomic firms. Now that his newspaper faces bankruptcy, has he changed his mind? [Steve Chapman]
- Good way to suffer reputational damage: file a lawsuit claiming characters in movie “Dazed and Confused” were based on your own teenage selves [four years ago on Overlawyered]
Tagged as:
Arkansas,
emergency medicine,
patent trolls,
trademarks,
zero tolerance
It’s enough to exasperate WhiteCoatRants (Oct. 20):
…Utter the terms “chest pain” and “trouble breathing” in the same sentence and with some doctors you’re getting a chest CT. It doesn’t matter that you have a cough, runny nose, that the chest pain is burning and only occurs when you cough, or that half the people in town have influenza because they didn’t get their flu shots. Even if bronchitis is the clinical diagnosis, there is still a 0.0001% chance that you could have a pulmonary embolism along with your bronchitis and we don’t want to miss it, because if we do, it may cause you to die and result in a lawsuit against the physician. Some doctors aren’t willing to take even the 1 in 1,000,000 chance that they’ll be sued. …
If a doctor doesn’t get every conceivable test on a patient and there is a bad outcome, then the doctor gets smacked with a lawsuit because the doctor didn’t do enough. Unless something changes, more and more patients coming to the emergency department will get megaworkups so nothing gets “missed.”
Then I read that some pompous plaintiff’s attorney said somewhere that “defensive medicine” was a myth. His theory was that if doctors do an extra test that catches a disease while it’s still treatable, then it is “good medicine,” not “defensive medicine.” Either he doesn’t get it because he is ignorant or he doesn’t get it because that attitude helps him afford his chalet in the Swiss Alps.
Medicine will never be perfect.
While on the subject, prominent health economist Uwe Reinhardt has cited our medical liability system as an important reason costs are significantly higher in the U.S. than elsewhere (PoL, Nov. 16). And KevinMD’s excellent section on defensive medicine has numerous posts in recent months we still haven’t gotten around to linking, including: guest take by “Dr. SSS” on the “two most expensive words in medicine” (“Sometimes it is difficult for me to understand if I am really treating myself or the patient.”); background on the $210 billion estimate that has been bandied about; E.R. visit + chest pains = obligatory catheterization?; quote from PandaBearMD (“Why risk our own money when we can use somebody else’s to protect us, even if it costs millions?”; a British visitor’s view of immobilization collars; don’t put the doc’s name on the chart!; and more reader reactions (“even if a patient has a good relationship with a physician and is willing to forgo various diagnostic tests, the family can decide to sue later if there is a bad outcome. … it is far easier to just order the test”)
Tagged as:
cardiology,
defensive medicine,
emergency medicine,
emergency services