The charts in this Washington Post article get steadily more interesting as they go along, and the most informative is the last: the top nine states or state-equivalents for per-capita medical malpractice outlays are, in order, New York, Pennsylvania, New Jersey, Massachusetts, Connecticut, the District of Columbia, Maryland, Rhode Island, and New Hampshire. Basically, that describes the Boston-Washington corridor with the exception of Delaware (Vermont makes for an even more notable break in the pattern because its outlays are among the lowest.) Most states outside the Northeast have reformed their malpractice law; most states in the Northeast have too powerful a trial lawyers’ lobby to let that happen.
Fortunately for residents of the rest of the country, the inconveniences of an unreformed high-litigiousness system — things like $100,000 premiums for doctors with good records who practice high-risk specialties — seem mostly to be borne by residents of the states in question. Overall, incidentally, as the chart previous to that shows, national payouts went through a decade-long decline but now have resumed climbing.
Until recently, Florida would have been a likely pick when enumerating states with the highest medical malpractice exposure, but the Sunshine State legislature finally got tired of being a target of the derision of the national medical profession and reformed its malpractice system. Or perhaps the better phrase would be, “thought it reformed”; the Florida Supreme Court, dominated by justices cozily allied with the plaintiff’s bar in re-election campaigns, just annihilated that reform. No one will be particularly surprised if Florida vaults up to top-ten status in future payout lists.
Town installs traffic cam by hospital emergency room, snags patient rushing in with coronary symptoms. The judge is no help, either. [Marianela Toledo, Florida Watchdog via Fergus Hodgson, PanAm Post]
Speed traps paved the way to corruption in tiny Hampton, Fla., critics say [CNN] More: Lowering the Bar.
“Patrick Coulton’s lawyers ripped him off to the tune of $275,000 and left him to rot in prison.” But few stories end this way: he’s living in one of the former lawyers’ houses. [Sun-Sentinel, auto-plays video]
Does it violate your rights when someone’s flying bullet enters your property? Should the law attempt to prohibit that? Or does it depend on the setting and customary land uses in the community? [Insurance Journal on Fla. law]
Meet the lawyer who sued the Fort Lauderdale Bridge Club in a dispute over its having ended his membership. The club proceeded to declare bankruptcy under his courtroom onslaught: “Since then there have been more than 600 docket entries in the bankruptcy case as Rosen pursued numerous motions and litigation.” [Joe Patrice/Above the Law, Daily Business Report]
Seeking help with an auto accident claim, Robert Friedrich was in a meeting with an attorney at a personal injury law firm in 2003 when a chair collapsed under him. He won a $2.2 million jury verdict against the law firm of Fetterman & Associates and a retailer that sold the chair, but an appeals court directed a verdict against him, finding a lack of needed causation. Now the Florida Supreme Court has reinstated the verdict [Legal Profession Prof, ABA Journal, earlier]
Perhaps the most remarkable passage in the ABA Journal’s coverage:
An expert for Friedrich said an inspection should have revealed the “weak joint” in the chair blamed for the collapse and said it should be standard procedure for businesses to test chairs every six months, the court recounts. An expert for the law firm said the only test for defects in chairs is to sit in them, and no other test would have revealed the defect that caused the Friedrich accident. …
A dissenting judge would have upheld the directed verdict against Friedrich. Even if the jury agreed that businesses should inspect chairs every six months, the dissenting judge said, there was insufficient evidence to prove that an inspection would have revealed the defect in the chair at issue.
Commenter DKJA at the ABA Journal writes:
So every business in Florida now has to “inspect” every piece of furniture every six months in perpetuity?
Maybe we should just replace all furniture with beanbag chairs. Although I’m sure someone would figure out how to injure themselves on one of them as well.
It’s being litigated contentiously in a Florida courtroom. After the lad got a D in an Honors algebra class and his family filed extensive protests, the school transferred him to an easier class. That generated a new grievance in turn: “He’s just not being challenged,” the “mathlete”‘s lawyer-father says now. [Orlando Sentinel]