Overlawyered » medical malpractice 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     House passes med-mal limits http://overlawyered.com/2012/03/house-passes-med-mal-limits/?utm_source=rss&utm_medium=rss&utm_campaign=house-passes-med-mal-limits http://overlawyered.com/2012/03/house-passes-med-mal-limits/#comments Thu, 29 Mar 2012 20:18:54 +0000 Walter Olson http://overlawyered.com/?p=28639 Which of course will die in the Senate as usual [TortsProf] I discussed the federalism problems with this class of bills last year. Tweet Tags: medical malpractice

    House passes med-mal limits is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Which of course will die in the Senate as usual [TortsProf] I discussed the federalism problems with this class of bills last year.

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    House passes med-mal limits is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/03/house-passes-med-mal-limits/feed/ 2     Clarifying Florida lawyers’ position http://overlawyered.com/2012/03/clarifying-florida-lawyers-position/?utm_source=rss&utm_medium=rss&utm_campaign=clarifying-florida-lawyers-position http://overlawyered.com/2012/03/clarifying-florida-lawyers-position/#comments Sat, 17 Mar 2012 15:19:47 +0000 Walter Olson http://overlawyered.com/?p=28324 According to what seems to be the sense of many in the Florida legal profession, doctors and their patients should not have the right to enter enforceable arbitration agreements before the fact to resolve disputes, but lawyers and their clients should have the right to enter enforceable agreements before the fact to limit liability for [...]

    Clarifying Florida lawyers’ position is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     According to what seems to be the sense of many in the Florida legal profession, doctors and their patients should not have the right to enter enforceable arbitration agreements before the fact to resolve disputes, but lawyers and their clients should have the right to enter enforceable agreements before the fact to limit liability for excessive charging of legal fees. Thanks for clarifying! [White Coat, scroll; earlier]

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    Clarifying Florida lawyers’ position is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/03/clarifying-florida-lawyers-position/feed/ 3     February 14 roundup http://overlawyered.com/2012/02/february-14-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=february-14-roundup-2 http://overlawyered.com/2012/02/february-14-roundup-2/#comments Tue, 14 Feb 2012 05:08:05 +0000 Walter Olson http://overlawyered.com/?p=27567 “Brazil Sues Twitter in Bid to Ban Speed Trap and Roadblock Warnings” [ABA Journal] Obama nominates Michigan trial lawyer Marietta Robinson to vacancy on Consumer Product Safety Commission, ensuring aggressively pro-regulatory majority [Bluey, Heritage] “AMA reports show high cost of malpractice suits” [HCFN] “Average expense to defend against a medical liability claim in 2010 was [...]

    February 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “Brazil Sues Twitter in Bid to Ban Speed Trap and Roadblock Warnings” [ABA Journal]
  • Obama nominates Michigan trial lawyer Marietta Robinson to vacancy on Consumer Product Safety Commission, ensuring aggressively pro-regulatory majority [Bluey, Heritage]
  • “AMA reports show high cost of malpractice suits” [HCFN] “Average expense to defend against a medical liability claim in 2010 was $47,158″ [American Medical News, more] Survey of 1,200 orthopedic surgeons finds defensive medicine rife, at cost of billions, accounting for 7 percent of all hospital admissions [MedPageToday]
  • “Sue us only in Delaware” bylaws would kill off forum-shopping and what fun is that? [Bainbridge, Reuters]
  • Trial by media: Lefty “SourceWatch” posts, then deletes, docs from Madison County pesticide suit [Madison County Record]
  • Think you’ve beaten FCPA rap? Meet the obscure “Travel Act” [Mike Emmick, Reuters] Federal court expands “honest services fraud” in lobbying case [Paul Enzinna, Point of Law]
  • “On the horrors of getting approval for an ice-cream parlour in San Francisco” [NYT via Doctorow/BoingBoing]
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    February 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/02/february-14-roundup-2/feed/ 1     December 19 roundup http://overlawyered.com/2011/12/december-19-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=december-19-roundup http://overlawyered.com/2011/12/december-19-roundup/#comments Mon, 19 Dec 2011 05:09:06 +0000 Walter Olson http://overlawyered.com/?p=26261 Too much of a stretch: US nixes copyright in yoga exercises [Bloomberg, earlier] “Know your rights dealing with cops” material construed as probative of criminality [Popehat] Is Justice Scalia really an “unlikely” champion of defendants’ Constitutional rights? [LATimes, Adler] “Overcriminalization: The Legislative Side of the Problem” [Larkin/Heritage, related Meese] When feds spring false-statements trap, it [...]

    December 19 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Too much of a stretch: US nixes copyright in yoga exercises [Bloomberg, earlier]
  • “Know your rights dealing with cops” material construed as probative of criminality [Popehat] Is Justice Scalia really an “unlikely” champion of defendants’ Constitutional rights? [LATimes, Adler] “Overcriminalization: The Legislative Side of the Problem” [Larkin/Heritage, related Meese] When feds spring false-statements trap, it won’t matter whether you committed underlying offense being investigated [Popehat] “‘Clean Up Government Act’ sparks overcriminalization concerns” [PoL]
  • Former Attorney General Mukasey on ObamaCare recusal flap [Adler]
  • American Antitrust Institute proposals might be discounted given group’s longstanding pro-plaintiff bias [Thom Lambert]
  • NYC: “The tour guide said that the way to get rich is to be a zoning lawyer.” [Arnold Kling]
  • “Obama’s Top Ten Constitutional Violations” [Ilya Shapiro, Daily Caller] In at least two major areas, “Obama has broken with precedent to curtail religious freedom” [Steve Chapman]
  • Ted Frank-Shirley Svorny med mal debate wraps up [PoL, Bader]
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    December 19 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/12/december-19-roundup/feed/ 0     December 7 roundup http://overlawyered.com/2011/12/december-7-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=december-7-roundup-4 http://overlawyered.com/2011/12/december-7-roundup-4/#comments Wed, 07 Dec 2011 05:21:44 +0000 Walter Olson http://overlawyered.com/?p=25872 Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL] Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel] Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews] “The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions [...]

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

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  • Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]
  • Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]
  • Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]
  • “The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]
  • Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old's "assault")]
  • Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]
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    December 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/12/december-7-roundup-4/feed/ 3     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     “Admitted Drug Dealer Sues Doctor Who Prescribed Painkillers” http://overlawyered.com/2011/11/admitted-drug-dealer-sues-doctor-who-prescribed-painkillers/?utm_source=rss&utm_medium=rss&utm_campaign=admitted-drug-dealer-sues-doctor-who-prescribed-painkillers http://overlawyered.com/2011/11/admitted-drug-dealer-sues-doctor-who-prescribed-painkillers/#comments Fri, 25 Nov 2011 05:38:35 +0000 Walter Olson http://overlawyered.com/?p=25884 Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record] And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental [...]

    “Admitted Drug Dealer Sues Doctor Who Prescribed Painkillers” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record]

    And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental health counseling. [Times-Leader]

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    “Admitted Drug Dealer Sues Doctor Who Prescribed Painkillers” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/11/admitted-drug-dealer-sues-doctor-who-prescribed-painkillers/feed/ 2     October 28 roundup http://overlawyered.com/2011/10/october-28-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=october-28-roundup-2 http://overlawyered.com/2011/10/october-28-roundup-2/#comments Fri, 28 Oct 2011 05:32:57 +0000 Walter Olson http://overlawyered.com/?p=24992 Self-parody watch: Rep. Rosa DeLauro (D-Ct.) wants federal program to dispense free diapers [Fox News] Trial-lawyer-friendly Florida Supreme Court could strike down state’s 2003 malpractice limits [Orlando Business Journal] Don’t forget to thank Wal-Mart lobbyists for that debit fee charge [Mark Perry] “Should insurers [be compelled by law to] pay for eating disorders?” [NYT "Room [...]

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

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  • Self-parody watch: Rep. Rosa DeLauro (D-Ct.) wants federal program to dispense free diapers [Fox News]
  • Trial-lawyer-friendly Florida Supreme Court could strike down state’s 2003 malpractice limits [Orlando Business Journal]
  • Don’t forget to thank Wal-Mart lobbyists for that debit fee charge [Mark Perry]
  • “Should insurers [be compelled by law to] pay for eating disorders?” [NYT "Room for Debate"]
  • Texas man drops suit against former fiancee [Above the Law]
  • “$75,000 Settlement for Muslim Teacher Denied 19 Days’ Unpaid Leave for Hajj (Pilgrimage to Mecca)” [Volokh]
  • Epidemiology for hire: “The Texas Sharpshooter Goes Free Range” [David Oliver]
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    October 28 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2011/10/october-28-roundup-2/feed/ 3     “I always tell my clients, if you start a big disturbance, you’ll get a bigger compensation package.” http://overlawyered.com/2011/10/i-always-tell-my-clients-if-you-start-a-big-disturbance-youll-get-a-bigger-compensation-package/?utm_source=rss&utm_medium=rss&utm_campaign=i-always-tell-my-clients-if-you-start-a-big-disturbance-youll-get-a-bigger-compensation-package http://overlawyered.com/2011/10/i-always-tell-my-clients-if-you-start-a-big-disturbance-youll-get-a-bigger-compensation-package/#comments Thu, 27 Oct 2011 17:52:39 +0000 Walter Olson http://overlawyered.com/?p=25085 Although not conducted through the legal system, some battles in China over alleged injury from medical malpractice make for an interesting compare-and-contrast exercise, right down to the role of contingent fees: Medical personnel advocates complain that the more violent incidents are staged by hired thugs, paid by families of the deceased in hopes of winning [...]

    “I always tell my clients, if you start a big disturbance, you’ll get a bigger compensation package.” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Although not conducted through the legal system, some battles in China over alleged injury from medical malpractice make for an interesting compare-and-contrast exercise, right down to the role of contingent fees:

    Medical personnel advocates complain that the more violent incidents are staged by hired thugs, paid by families of the deceased in hopes of winning compensation from the hospitals. … The Chinese have even coined a word for the paid protesters: yinao, meaning “medical disturbance.”

    “It has become a very sophisticated system for chasing profits. Whenever somebody dies in a hospital, the yinao will get in touch with the family and offer their services in exchange for 30% to 40%,” said Liu Di, who is setting up a social network for medical professionals.

    [L.A. Times]

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    “I always tell my clients, if you start a big disturbance, you’ll get a bigger compensation package.” is a post from Overlawyered - Chronicling the high cost of our legal system

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