Overlawyered » hospitals 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/2012/05/medical-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=medical-roundup-4 http://overlawyered.com/2012/05/medical-roundup-4/#comments Mon, 21 May 2012 04:03:22 +0000 Walter Olson http://overlawyered.com/?p=29663 Government’s hospital care guidelines may be fueling dangerous overuse of antibiotics [White Coat] FDA says fewer drugs are in shortage [Reuters, earlier here, etc.] “Post-tort-reform Texas doctor supply” [Ted Frank/PoL and commenters] “Change in Procedures Lets Medical Malpractice [Insurance] Industry Thrive” [PC 360] Forcing companies to make politicized disclosures to customers implicates First Amendment [Hans [...]

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

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  • Government’s hospital care guidelines may be fueling dangerous overuse of antibiotics [White Coat] FDA says fewer drugs are in shortage [Reuters, earlier here, etc.]
  • “Post-tort-reform Texas doctor supply” [Ted Frank/PoL and commenters] “Change in Procedures Lets Medical Malpractice [Insurance] Industry Thrive” [PC 360]
  • Forcing companies to make politicized disclosures to customers implicates First Amendment [Hans Bader on HHS "must credit ObamaCare" reg]
  • Iqbal and Twombly SCOTUS decisions on pleading have helped protect pharmaceutical defendants from flimsily based suits [James Beck, who has changed law firms to Reed Smith]
  • How accurate is hospital data coding? Ask thousands of pregnant British men [Nigel Hawkes via Flowing Data]
  • Class-action-fed boom in Medicaid dentistry + “let’s put docs in schools” idea = scope for horrific abuse, no matter how it’s financed [Bloomberg via Jesse Walker]
  • Suits blaming obstetricians for cerebral palsy rack up $78 million win in Philadelphia, $74 million in California [Legal Intelligencer, Cal Coast News]
  • Ninth Circuit: on reflection, let’s not seize control of VA mental health programs [AP, earlier here, etc.]
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    Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/05/medical-roundup-4/feed/ 0     Detroit hospital will pay $70K for not providing sign interpreters http://overlawyered.com/2012/02/detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters/?utm_source=rss&utm_medium=rss&utm_campaign=detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters http://overlawyered.com/2012/02/detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters/#comments Thu, 09 Feb 2012 13:49:39 +0000 Walter Olson http://overlawyered.com/?p=27463 “Henry Ford Health System will pay $70,000 to a family who alleges the system failed to provide sign language interpreters to a patient and family members in 2004, and must train staff on the requirements of the Americans with Disabilities Act, according to a settlement announced … by the U.S. Justice Department.” [Detroit News] Tweet [...]

    Detroit hospital will pay $70K for not providing sign interpreters is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “Henry Ford Health System will pay $70,000 to a family who alleges the system failed to provide sign language interpreters to a patient and family members in 2004, and must train staff on the requirements of the Americans with Disabilities Act, according to a settlement announced … by the U.S. Justice Department.” [Detroit News]

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    Detroit hospital will pay $70K for not providing sign interpreters is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/02/detroit-hospital-will-pay-70k-for-not-providing-sign-interpreters/feed/ 2     February 8 roundup http://overlawyered.com/2012/02/february-8-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=february-8-roundup-4 http://overlawyered.com/2012/02/february-8-roundup-4/#comments Wed, 08 Feb 2012 05:15:22 +0000 Walter Olson http://overlawyered.com/?p=27202 Popular proposal to curb Congressional insider trading (“STOCK Act”) could have disturbing unintended consequences [John Berlau, CEI "Open Market"] A contrary view: Bainbridge. Here’s Joe’s number, he’ll do a good job of suing us: “Some Maryland hospitals recommend lawyers to patients” [Baltimore Sun, Ron Miller] Bribing the states to spend: follies of our fiscal federalism, [...]

    February 8 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Popular proposal to curb Congressional insider trading (“STOCK Act”) could have disturbing unintended consequences [John Berlau, CEI "Open Market"] A contrary view: Bainbridge.
  • Here’s Joe’s number, he’ll do a good job of suing us: “Some Maryland hospitals recommend lawyers to patients” [Baltimore Sun, Ron Miller]
  • Bribing the states to spend: follies of our fiscal federalism, and other themes from Michael Greve’s new book The Upside-Down Constitution [LLL, more, yet more] “Atlas Croaks, Supreme Court Shrugs” [Greve, Charleston Law Review; related, Ted Frank]
  • “… Daubert Relevancy is the Sentry That Guards Against the Tyranny of Experts” [David Oliver on new First Circuit opinion or scroll to Jan. 23]
  • Goodbye old political tweets, Eric Turkewitz is off to trial;
  • State laws squelch election speech, and political class shrugs (or secretly smiles) [George Will]
  • Too bad Carlyle Group got scared off promising experiment to revamp corporate governance to curb role of litigation [Ted Frank, Gordon Smith] AAJ should try harder to use people’s quotes in context [Bainbridge]
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    February 8 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/02/february-8-roundup-4/feed/ 3     January 26 roundup http://overlawyered.com/2012/01/january-26-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=january-26-roundup-3 http://overlawyered.com/2012/01/january-26-roundup-3/#comments Thu, 26 Jan 2012 05:01:35 +0000 Walter Olson http://overlawyered.com/?p=27141 Judge Edith Jones rules: 5th Circuit spanks judge who overturned result of anti-traffic-cam vote [The Newspaper, background] “UK Nanny State: Let’s Send Gamers To Rehab” [Nick Sibilla, Reason] “If Poker Is a Public Health Issue, What Isn’t?” [Jacob Sullum] Struggle Resolutely Against Misleaders of the People In Weather Broadcasts Everywhere! [TP; reactions from Tony Hake/Examiner, [...]

    January 26 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Judge Edith Jones rules: 5th Circuit spanks judge who overturned result of anti-traffic-cam vote [The Newspaper, background]
  • “UK Nanny State: Let’s Send Gamers To Rehab” [Nick Sibilla, Reason] “If Poker Is a Public Health Issue, What Isn’t?” [Jacob Sullum]
  • Struggle Resolutely Against Misleaders of the People In Weather Broadcasts Everywhere! [TP; reactions from Tony Hake/Examiner, Geoff Fox, Andrew Revkin, Watts Up With That]
  • Jury awards $178 million in bariatric-surgery case against Jacksonville hospital, sum greater than GDP of several small island nations [Florida Times-Union]
  • Sikh sues Jay Leno over comparison of Romney vacation home to Golden Temple of Amritsar [Daily Mail]
  • Redevelopment without prerequisite “blight” akin to Hittite sack of Babylon [Gideon Kanner]
  • Convinced hospital broke naming promise, jury tells it to pay $1 million to country singer Garth Brooks [AP]
  • “Dean of law bloggers” — why, thank you, sir [Hans Bader, CEI]
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    January 26 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/01/january-26-roundup-3/feed/ 4     Medical roundup http://overlawyered.com/2011/12/medical-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=medical-roundup-2 http://overlawyered.com/2011/12/medical-roundup-2/#comments Sun, 04 Dec 2011 05:21:13 +0000 Walter Olson http://overlawyered.com/?p=25870 Talking back to the “malpractice litigation is no big deal, docs should grin and bear it” theorists [David Sack, ACP via White Coat] “Worst states for medical malpractice risk” [White Coat] Jury awards $25 million against hospital that didn’t file abuse report after boy came in with broken wrist [Fayetteville, N.C. Observer] “Doctors Question Disability [...]

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

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  • Talking back to the “malpractice litigation is no big deal, docs should grin and bear it” theorists [David Sack, ACP via White Coat] “Worst states for medical malpractice risk” [White Coat]
  • Jury awards $25 million against hospital that didn’t file abuse report after boy came in with broken wrist [Fayetteville, N.C. Observer]
  • “Doctors Question Disability Decisions as Agency Moves to Speed Up Process” [WSJ via Walter Russell Mead]
  • New “Federalist Society equivalents” in medicine (Benjamin Rush Society), business, foreign affairs [John J. Miller, Philanthropy]
  • Fieger wins $144 million verdict blaming hospital for newborn’s cerebral palsy [suburban Detroit Tribune]
  • Feds force birth control coverage on Catholic organizations, and free association suffers [Roger Pilon, Cato]
  • Phone call from doc to patient’s home did not establish subsequent jurisdiction to sue there [Madison County Record] NY steps up program to streamline courts’ handling of med-mal claims [WSJ]
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    Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/12/medical-roundup-2/feed/ 3     Risks of trying to be safe dept. http://overlawyered.com/2011/12/risks-of-trying-to-be-safe-dept/?utm_source=rss&utm_medium=rss&utm_campaign=risks-of-trying-to-be-safe-dept http://overlawyered.com/2011/12/risks-of-trying-to-be-safe-dept/#comments Fri, 02 Dec 2011 13:32:29 +0000 Walter Olson http://overlawyered.com/?p=25993 “Alarm fatigue” is said to be a growing peril in hospitals as “nurses become so desensitized to the constant beeping that they don’t hear or ignore important warnings that a patient’s condition might be worsening.” [Liz Kowalczyk, Boston Globe] Tweet Tags: hospitals, safety

    Risks of trying to be safe dept. is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “Alarm fatigue” is said to be a growing peril in hospitals as “nurses become so desensitized to the constant beeping that they don’t hear or ignore important warnings that a patient’s condition might be worsening.” [Liz Kowalczyk, Boston Globe]

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    Risks of trying to be safe dept. is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/12/risks-of-trying-to-be-safe-dept/feed/ 10     “Baby Mixup Does Not Support Claim for Emotional Distress” http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/?utm_source=rss&utm_medium=rss&utm_campaign=baby-mixup-does-not-support-claim-for-emotional-distress http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/#comments Thu, 22 Sep 2011 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=24717 Though given the wrong baby to nurse, a New York mother cannot recover cash for “extreme emotional pain,” the state’s highest court having declined review of her case. [Brooklyn Eagle via Scheuerman/TortsProf, earlier] Tweet Tags: emotional distress, hospitals, NYC

    “Baby Mixup Does Not Support Claim for Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Though given the wrong baby to nurse, a New York mother cannot recover cash for “extreme emotional pain,” the state’s highest court having declined review of her case. [Brooklyn Eagle via Scheuerman/TortsProf, earlier]

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    “Baby Mixup Does Not Support Claim for Emotional Distress” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/feed/ 3     September 12 roundup http://overlawyered.com/2011/09/september-12-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=september-12-roundup http://overlawyered.com/2011/09/september-12-roundup/#comments Mon, 12 Sep 2011 12:37:28 +0000 Walter Olson http://overlawyered.com/?p=24482 Ninth Circuit: Holland America cruise line not responsible for customer’s swimming mishap at Mexican beach [Metropolitan News-Enterprise] “President Perry would mean high noon for trial lawyers” [Kurt Schlichter, Washington Examiner; Politico; Prof. Bainbridge ("If the trial lawyers hate Rick Perry, maybe I should reconsider him")] Christie praises Perry’s “laudable” record on liability reform [PolitickerNJ] “Perry’s [...]

    September 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Ninth Circuit: Holland America cruise line not responsible for customer’s swimming mishap at Mexican beach [Metropolitan News-Enterprise]
  • “President Perry would mean high noon for trial lawyers” [Kurt Schlichter, Washington Examiner; Politico; Prof. Bainbridge ("If the trial lawyers hate Rick Perry, maybe I should reconsider him")] Christie praises Perry’s “laudable” record on liability reform [PolitickerNJ] “Perry’s ‘loser pays’ is an economic winner” [Patrick Gleason and Jason Russell, Washington Times; Mass Tort Prof; background] Missing the point on the Texas med-mal experience [Coyote, earlier here, here, etc.] A bad sign: Gov. Perry reaches out to Maricopa County sheriff Joe Arpaio [NRO, background] Another: courting social conservative vote, he pledges interference in state marriage law Houston Chronicle.
  • Alan Lange and Tom Dawson discuss their Dickie Scruggs book [Above the Law, background]
  • Hospital pays $25M to settle lawsuit charging lack of Katrina preparedness [White Coat]
  • Democratic majority on CPSC plans to ram through burdensome CPSIA testing and certification rule next month [Commissioner Nancy Nord, more]
  • For matching willing buyers with sellers through Canadian pharmacy ads, Google agrees to pay fine of $500 million, a forfeiture geared to the revenue the pharmacies (not it) took in from the ads [Atlantic Wire, Chris Fountain]
  • “Woman Won’t Have to Pay for Her Own Cavity Search” [Lowering the Bar]
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    September 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/09/september-12-roundup/feed/ 3     You saved my life but you broke my tooth http://overlawyered.com/2011/09/you-saved-my-life-but-you-broke-my-tooth/?utm_source=rss&utm_medium=rss&utm_campaign=you-saved-my-life-but-you-broke-my-tooth http://overlawyered.com/2011/09/you-saved-my-life-but-you-broke-my-tooth/#comments Fri, 09 Sep 2011 05:09:40 +0000 Walter Olson http://overlawyered.com/?p=24477 See you in court, intubation/anesthesia team! [Blog of Bleeding Heart via White Coat ("What’s better? A missing tooth when you wake up to see your smiling family or perfect smile at your funeral?")] Tweet Tags: hospitals

    You saved my life but you broke my tooth is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     See you in court, intubation/anesthesia team! [Blog of Bleeding Heart via White Coat ("What’s better? A missing tooth when you wake up to see your smiling family or perfect smile at your funeral?")]

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    You saved my life but you broke my tooth is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/09/you-saved-my-life-but-you-broke-my-tooth/feed/ 12     “Federal Gov’t Encourages Health Providers to Coordinate…” http://overlawyered.com/2011/08/federal-govt-encourages-health-providers-to-coordinate/?utm_source=rss&utm_medium=rss&utm_campaign=federal-govt-encourages-health-providers-to-coordinate http://overlawyered.com/2011/08/federal-govt-encourages-health-providers-to-coordinate/#comments Tue, 23 Aug 2011 15:14:46 +0000 Walter Olson http://overlawyered.com/?p=24271 “… Then Sues Them For Doing So.” If ObamaCare doesn’t get you, it seems, FTC antitrust enforcement might. [Peter Suderman, Reason] Tweet Tags: antitrust, Federal Trade Commission, hospitals

    “Federal Gov’t Encourages Health Providers to Coordinate…” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “… Then Sues Them For Doing So.” If ObamaCare doesn’t get you, it seems, FTC antitrust enforcement might. [Peter Suderman, Reason]

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    “Federal Gov’t Encourages Health Providers to Coordinate…” is a post from Overlawyered - Chronicling the high cost of our legal system

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