Posts Tagged ‘medical’

Free speech roundup

  • “Charlie Hebdo editor: Censorship must not win” [Charb/New York Post] Today, on anniversary of that attack, Cato hosts free speech attorney Robert Corn-Revere on “The Assassin’s Veto,” with comments from GWU lawprof Catherine Ross, moderated by John Samples [details, and watch live]
  • Florida lawmakers muzzle doctors’ comments to patients regarding guns. 11th Circuit says okay. No, not okay [Ken White, Eugene Volokh]
  • The ‘speech integral to criminal conduct’ exception, important in early free speech law, has come roaring back [Eugene Volokh; for the role of this doctrine in the Oregon cake case, see my post then and his]
  • Good news if you’re a Wisconsin conservative who forgot to archive your emails: that nice John Doe prosecutor secretly did it for you [Watchdog]
  • From Federalist Society national lawyers’ convention, Prof. Nicholas Quinn Rosenkranz interviews Kirsten Powers on her new book The Silencing (wobbly audio in early minutes, which eventually clears);
  • “Ex-tenant barred from saying that ex-landlord had been in the Witness Protection Program, ‘[r]egardless of the truth or falsity of this information'” [Volokh]
  • Lawprof Eric Posner wants to roll back First Amendment to curb ISIS recruitment. Hell, no [ABA Journal, Anthony Fisher/Reason, Ken White/Popehat]

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]

Slept through the insults, awarded $500,000

Patient undergoing sedation for colonoscopy leaves cellphone recording, which picks up a string of insulting remarks made by anesthesiologist and others while he was under. The comments alleged to be defamatory were mostly heard only by other health workers present, so reputational damages are at best uncertain, but a Northern Virginia jury valued the sheer indignity of it all at $500,000. [Washington Post, Orlando Sentinel]

Medical roundup

  • Mississippi community rallies behind 88 year old doctor investigated by licensure board for practicing from his car [AP]
  • Pennsylvania: “Kill deal between Attorney General’s office and law firm, nursing homes ask court” [Harrisburg Patriot-News; earlier on AG Kathleen Kane; related on law firm of Cohen Milstein, on which earlier]
  • Hazards of overwarning in the wired hospital: “2,507,822 unique alarms in one month in our ICUs, the overwhelming majority of them false.” [Robert Wachter, Medium]
  • JAMS arbitrator, a retired California Supreme Court judge, resists subpoena seeking explanation of settlement allocation decisions among Prempro clients of Girardi Keese [National Law Journal; see also from way back]
  • Reports of VA-scandal retaliation raise question: do all the HIPAA laws in the world protect us from persons in high places wishing to pry into our medical records with ill intent? [J. D. Tuccille, Reason]
  • New York Attorney General Eric Schneiderman charged that 79% of herbal supplements lacked appropriate DNA, but that claim itself turns out to be hard to substantiate [Bill Hammond, New York Daily News]
  • Nurses’ gallows humor defended against That’s-Not-Funny Brigade [Alexandra Robbins, Washington Post]

Great moments in disability determination

“Hundreds of Puerto Rico’s residents qualified for federal disability benefits in recent years because they lacked fluency in English, according to government auditors. The Social Security Administration’s inspector general questioned the policy this month in light of the fact that Spanish is the predominant language in the U.S. territory.” [Josh Hicks, Washington Post]

Medical roundup

  • King v. Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. Bagley Federalist video, Michael Greve with theory of Justice Kennedy riding off to Colorado with Dagny, earlier]
  • “J&J says women being illegally solicited to join in mesh lawsuits” [Jessica Dye/Reuters, same on lawyers’ response, more on which]
  • Invoking ACA, feds regulate non-profit hospitals to require periodic community needs assessment, limit collection methods [Treasury]
  • Unless judges are vigilant, lawyers will take advantage of mass tort joinder to evade CAFA limits on forum-shopping [Steven Boranian, Drug & Device Law]
  • Popular literature on IRBs/consent of research subjects can employ dubious definitions of “coercion” [Simon Whitney via Zachary Schrag]
  • Qui tam lawyers vs. pharmaceutical companies, some empirical findings [Bill of Health]
  • So that’s what “anatomical theatre” means: researcher checks into ostensible open-source medical journals and finds many “had suspicious addresses; one was actually inside a strip club.” [Fast Company on report finding that fake paper was accepted for publication by 17 journals]
  • A student of David Henderson’s recalls the state of medicine under the Soviets: assignment to providers based on place of residence; the role of gifts, favors, and clout; how idealistic doctors became cynics; the black market as a safety valve. [EconLog]

Judge throws out home-care overtime regs

A “thinly-veiled effort to do through regulation” what Congress had refused to do, according to federal district judge Richard Leon, who struck it down in a victory for the interests of elderly and disabled persons in need of care, not to mention the interests of taxpayers and liberty [Bloomberg Business Week] Earlier on the regulations here, here, here, here, here, here, here, here, etc.