Overlawyered » emergency medicine http://overlawyered.com Chronicling the high cost of our legal system Sun, 27 May 2012 14:01:44 +0000 en hourly 1 http://wordpress.org/?v=3.3.2 Medical roundup http://overlawyered.com/2012/04/medical-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=medical-roundup-3 http://overlawyered.com/2012/04/medical-roundup-3/#comments Tue, 24 Apr 2012 11:02:10 +0000 Walter Olson http://overlawyered.com/?p=28459 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] [...]

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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]
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    Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/04/medical-roundup-3/feed/ 1     Lawyer: ER “simply not permitted to discharge” without ruling out life-threatening conditions http://overlawyered.com/2012/03/lawyer-er-simply-not-permitted-to-discharge-without-ruling-out-life-threatening-conditions/?utm_source=rss&utm_medium=rss&utm_campaign=lawyer-er-simply-not-permitted-to-discharge-without-ruling-out-life-threatening-conditions http://overlawyered.com/2012/03/lawyer-er-simply-not-permitted-to-discharge-without-ruling-out-life-threatening-conditions/#comments Fri, 16 Mar 2012 12:41:18 +0000 Walter Olson http://overlawyered.com/?p=28327 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 [...]

    Lawyer: ER “simply not permitted to discharge” without ruling out life-threatening conditions is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     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.

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    Lawyer: ER “simply not permitted to discharge” without ruling out life-threatening conditions is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/03/lawyer-er-simply-not-permitted-to-discharge-without-ruling-out-life-threatening-conditions/feed/ 0     March 7 roundup http://overlawyered.com/2012/03/march-7-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=march-7-roundup http://overlawyered.com/2012/03/march-7-roundup/#comments Wed, 07 Mar 2012 05:06:46 +0000 Walter Olson http://overlawyered.com/?p=28070 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: [...]

    March 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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]
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    March 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/03/march-7-roundup/feed/ 5     “Treat within 4 hours” rule http://overlawyered.com/2011/12/treat-within-4-hours-rule/?utm_source=rss&utm_medium=rss&utm_campaign=treat-within-4-hours-rule http://overlawyered.com/2011/12/treat-within-4-hours-rule/#comments Tue, 13 Dec 2011 15:09:34 +0000 Walter Olson http://overlawyered.com/?p=26212 It actually turned out to lengthen patient stay times in UK emergency rooms, which did not surprise White Coat. Tweet Tags: emergency medicine

    “Treat within 4 hours” rule is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     It actually turned out to lengthen patient stay times in UK emergency rooms, which did not surprise White Coat.

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    “Treat within 4 hours” rule is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/12/treat-within-4-hours-rule/feed/ 0     Emergency medicine case in NYC http://overlawyered.com/2011/07/emergency-medicine-case-in-nyc/?utm_source=rss&utm_medium=rss&utm_campaign=emergency-medicine-case-in-nyc http://overlawyered.com/2011/07/emergency-medicine-case-in-nyc/#comments Wed, 13 Jul 2011 12:26:48 +0000 Walter Olson http://overlawyered.com/?p=23805 White Coat examines the case of King v. St. Barnabas, in which a New York appellate court approved a suit against first responders who failed in attempts to revive a prison guard who collapsed while playing basketball and was found unresponsive and not breathing. [Emergency Physicians Monthly] A different view: Max Kennerly. Tweet Tags: emergency [...]

    Emergency medicine case in NYC is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     White Coat examines the case of King v. St. Barnabas, in which a New York appellate court approved a suit against first responders who failed in attempts to revive a prison guard who collapsed while playing basketball and was found unresponsive and not breathing. [Emergency Physicians Monthly] A different view: Max Kennerly.

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    Emergency medicine case in NYC is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/07/emergency-medicine-case-in-nyc/feed/ 0     July 7 roundup http://overlawyered.com/2011/07/july-7-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=july-7-roundup http://overlawyered.com/2011/07/july-7-roundup/#comments Thu, 07 Jul 2011 05:33:12 +0000 Walter Olson http://overlawyered.com/?p=23723 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 [...]

    July 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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]
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    July 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/07/july-7-roundup/feed/ 3     April 4 roundup http://overlawyered.com/2011/04/april-4-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=april-4-roundup-4 http://overlawyered.com/2011/04/april-4-roundup-4/#comments Mon, 04 Apr 2011 13:40:04 +0000 Walter Olson http://overlawyered.com/?p=22347 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 [...]

    April 4 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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]
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    April 4 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/04/april-4-roundup-4/feed/ 3     2 year old takes methadone, doctors told to pay $2 million http://overlawyered.com/2011/03/2-year-old-takes-methadone-doctors-told-to-pay-2-million/?utm_source=rss&utm_medium=rss&utm_campaign=2-year-old-takes-methadone-doctors-told-to-pay-2-million http://overlawyered.com/2011/03/2-year-old-takes-methadone-doctors-told-to-pay-2-million/#comments Wed, 02 Mar 2011 05:06:01 +0000 Walter Olson http://overlawyered.com/?p=21749 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 [...]

    2 year old takes methadone, doctors told to pay $2 million is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     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).

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    2 year old takes methadone, doctors told to pay $2 million is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/03/2-year-old-takes-methadone-doctors-told-to-pay-2-million/feed/ 10     June 28 roundup http://overlawyered.com/2010/06/june-28-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=june-28-roundup http://overlawyered.com/2010/06/june-28-roundup/#comments Mon, 28 Jun 2010 05:45:56 +0000 Walter Olson http://overlawyered.com/?p=17976 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 [...]

    June 28 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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]
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    June 28 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2010/06/june-28-roundup/feed/ 2     May 22 roundup http://overlawyered.com/2010/05/may-22-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=may-22-roundup-3 http://overlawyered.com/2010/05/may-22-roundup-3/#comments Sat, 22 May 2010 05:08:49 +0000 Walter Olson http://overlawyered.com/?p=17445 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 [...]

    May 22 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • 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]
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    May 22 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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