Posts Tagged ‘medical malpractice’

Medical roundup

Medical roundup

  • Even into the thick of the scandal revelations, Sen. Bernie Sanders “wanted to believe that the VA was a model for government-run health care” [Tim Mak, The Daily Beast]
  • Issues include state licensing, location of service for legal purposes: “How Congress Can Remove Barriers to Affordable, Quality Telemedicine” [Michael Cannon, Cato]
  • “Resistance to anesthesia in the 19th century” [R. Meyer and S.P. Desai via Tyler Cowen]
  • “There’s no evidence the FDA blocks innovation or makes innovation harder or makes it more costly,” claims one Harvard professor. Sens. Ted Cruz (R-Tex.) and Mike Lee (R-Utah) disagree and have introduced a FDA reciprocity bill to “make it easier for U.S. patients to access drugs and devices already approved in other developed countries” [Alex Tabarrok first, second, third (Daniel Klein and William Davis survey) posts]
  • “Judge rules against Al Qaeda supporter who claimed medical malpractice against his jailers.” [Reuters]
  • No, these aren’t “three parent” babies and Congress should not be talked into moral panic about them [Andrew Stuttaford]
  • “Increase in nursing malpractice claims” [Nursing Services Organization and CNA Professional Liability via TortsProf]

Medical roundup

  • “No, Donating Your Leftover Tissue To Research Is Not Like Letting Someone Rifle Through Your Phone” [Michelle Meyer answers “Henrietta Lacks” author Rebecca Skloot; related, Richard Epstein/Hoover]
  • “Women Should Not Have to Visit a Doctor for Birth Control” [Jeffrey Singer, Time/Cato]
  • Lawyer ads can scare TV viewers into discontinuing medically indicated therapies. But is more regulation the right answer? [reform group Sick of Lawsuits]
  • Johnson & Johnson followed federal government’s own advice on labeling a drug, and got slammed by a jury in consequence [WSJ editorial]
  • U.S. opinion resistant to ratifying treaties that would create an international-law right to health care, so how about smuggling it in via congressional/executive agreement? [Nicholas Diamond, Harvard “Bill of Health”]
  • Denmark, like other Scandinavian countries and New Zealand, has replaced malpractice suits with iatrogenic injury compensation scheme [Pro Publica]
  • Has liberalized patient access to opioids been a net harm? Study suggests no [Tyler Cowen]

Medical roundup

  • Study: doctors who use more resources are less likely to face malpractice claims [British Medical Journal]
  • “Obesity is not in fact a public health problem. It may be a widespread health problem, but you can’t catch obesity from doorknobs or molecules in the air. [David Boaz, Cato]
  • Contingency-fee law enforcement creates bad incentives, part MCXXXVI, health outlay recoupment division [W$J on Medicare auditors]
  • Welcome to Canada, skilled one, unless your spouse is ill. What that says about the welfare state [Bryan Caplan]
  • “Jury awards $16.7 million in swine flu death of pregnant Puyallup mother” [Tacoma News-Tribune]
  • Doc convicted of murder after patient overdoses: “Some experts worried that a conviction would have a chilling effect on worried doctors and keep powerful painkillers from patients who need them.” [L.A. Times via Jacob Sullum]

The Frezza cases: Texas vs. New Mexico medical tug-of-war

Our readers and commenters knew more than we did about that case referenced week before last in which the New Mexico courts are deciding whether a Texas doctor can be sued under New Mexico’s relatively pro-plaintiff law over care delivered in the Lone Star State, following a patient’s referral by a New Mexico health insurance plan. Alarmed at the ruling, some Texas docs are threatening to not accept New Mexico patients. You can find more coverage of Montano v. Frezza by Josie Ortegon at El Paso’s KVIA, and the Texas Alliance For Patient Access has a website about the case, which has drawn amicus briefs from organizations that include the University of Texas System and Texas Medical Liability Trust. Samuel Walker of McGinn, Carpenter, Montoya, and Love provides a plaintiff’s-side view of the issues in the several related Frezza suits.

Medical roundup

  • Scorecards on complication rates and outcomes may reveal little about who’s a bad doctor since best docs sometimes take hardest cases [Saurabh Jha, KevinMD] “Anatomy of error: a surgeon remembers his mistakes” [The New Yorker]
  • When parents and doctors don’t agree, are allegations of “medical child abuse” levied too liberally? [Maxine Eichner, New York Times; Lenore Skenazy, see also “medical kidnapping” links]
  • ABA’s Standing Committee on Medical Professional Liability derailed in bid for House of Delegates resolution endorsing unlimited punitive damages in product liability [Drug & Device Law first, second, third posts]
  • Wisconsin repeals medical whistleblower law [Milwaukee Journal-Sentinel]
  • “Politically Driven Unionization Threatens In-Home Care” [David Osborne, IBD]
  • Ninth Circuit upholds Washington state regulations forcing family pharmacy to dispense morning-after pills [The Becket Fund]
  • Pathologist who frequently diagnosed shaken baby syndrome loses Montana role [Missoulian]

Medical roundup

  • Med mal something of a regional problem: nearly half of payouts are in Northeast, with New York alone paying out more than the entire Midwest [New Jersey Civil Justice Institute on Diederich Healthcare analysis] “Neurosurgeons were 50% more likely to practice defensive medicine in high-risk states compared with low-risk states” [Smith et al., Neurosurgery via NJCJI]
  • New Paul Nolette book on state attorneys general Federalism On Trial includes history of suits led by New York’s Eliot Spitzer to redefine as “fraud” widely known drug-pricing practices that Congress had declined to ban or otherwise address. The resulting lucrative settlements also earmarked money to fund private critics of the pharmaceutical industry;
  • City of Chicago signs on to one of the trial bar’s big current recruitment campaigns, suits seeking recoupment of costs of dealing with prescription opioid abuse [Drug & Device Law; earlier here, here, here]
  • We here in Washington, D.C. take very seriously any violations of HIPAA, the health privacy law. Just kidding! If a union supporter pulls information from an employee medical database to help in an organizing drive, that might be overlooked [Jon Hyman on National Labor Relations Board administrative law judge decision in Rocky Mountain Eye Center]
  • “Preferred Care defendants respond to New Mexico Attorney General’s lawsuit, argue it was filed at urging of Cohen Milstein law firm” [Legal NewsLine]
  • Philadelphia police run warrant checks of hospital visitor lists, and as a result many persons with outstanding warrants avoid going to hospitals. So asserts sociologist Alice Goffman in her book On the Run, but the evidence is disputed [Sara Mayeux last August, Steven Lubet in review challenging the book more broadly on ethical and factual grounds, Goffman’s response]
  • Making contraceptive pill available over the counter without prescription should please supporters of birth control access, right? Funny you should ask [Elizabeth Nolan Brown, Reason, earlier]

“Lawyer sanctioned $1M for allowing smoking reference in med-mal trial”

Personally liable in Philadelphia: “A Pennsylvania lawyer has been ordered to pay nearly $1 million in attorney fees for allowing an expert witness to refer to a lung cancer victim’s history of smoking in a May 2012 medical malpractice trial. Defense lawyer Nancy Raynor of Malvern, Pennsylvnia, told the Legal Intelligencer that insurance would not pay the sanction and her personal assets are at risk.” [ABA Journal]

Medical roundup

  • ObamaCare challenge: D.C. Circuit vacates Halbig decision for en banc rehearing [Roger Pilon, earlier]
  • ACLU and SEIU California affiliates oppose trial lawyers’ higher-damages-plus-drug-testing Proposition 46 [No On 46, earlier] As does Sacramento Bee in an editorial;
  • Rethinking the use of patient restraints in hospitals [Ravi Parikh, Atlantic; legal fears not mentioned, however]
  • Certificate of need regulation: “I didn’t know the state of Illinois had a standard for the maximum permissible size of a hospital room.” [John Cochrane]
  • In China, according to a study by Benjamin Liebman of Columbia Law School, hired malpractice mobs “consistently extract more money from hospitals than legal proceedings do” [Christopher Beam, The New Yorker]
  • Overview of (private-lawyer-driven) municipal suits on painkiller marketing [John Schwartz, New York Times, earlier] More: Chicago’s contingency deal with Cohen Milstein on opioid lawsuit [LNL] More: Rob Green, Abnormal Use.
  • “So In The End, The VA Was Rewarded, Not Punished” [Coyote]