Posts Tagged ‘Medicare’

Medical roundup

The Washington Post on Medicare eye drugs

Last week the Washington Post flayed doctors who participate in the Medicare program, along with the pharmaceutical company Genentech, because they often prescribe the $2,000-a-dose (and fully FDA-approved) eye drug Lucentis in preference to Avastin, a biologically related compound also made by Genentech that seems to work equally well against “wet” age-related macular degeneration and can be obtained off-label from compounders for only $50 an injection (albeit with some additional risks and hassles). Taxpayers have shelled out billions of dollars, the Post complains with some justice, because many docs (currently close to half) choose FDA-approved in preference to off-label treatments.

Great investigation, guys. Now that you’ve accused doctors of being socially irresponsible and greedy for not going off-label to prescribe, could you investigate who exactly has been demonizing off-label prescribing as a dangerous, unregulated practice that the FDA needs to crack down on? What would happen if you found that that it was some of the Post’s own favorite sources and advocacy groups?

Medical roundup

To corral health care costs, look at medical liability

That’s former Obama Administration budget director Peter Orszag’s view [Bloomberg]:

Most of the costs in the U.S. health-care system are incurred in a small number of expensive cases. The top 25 percent of Medicare beneficiaries ranked by cost, for example, account for 85 percent of total spending. And the expenses in those cases are driven significantly by the recommendations that doctors make to pursue one treatment path and not another.

In making these choices, doctors are influenced by various things, including medical-school training, traditions among their peers, financial incentives (which are distorted by fee- for-service payments) and, yes, the medical-malpractice system. Improving the criteria for what constitutes appropriate care could significantly change doctors’ behavior and also save money, recent research by Michael Frakes of Cornell Law School suggests.

Medical roundup

  • “On Average, Physicians Spend Nearly 11 Percent Of Their 40-Year Careers With An Open, Unresolved Malpractice Claim” [Health Affairs via Pauline Chen, NY Times]
  • SCOTUS lets stand Feds’ “accept Medicare or lose your Social Security” edict [Ilya Shapiro, Cato]
  • Robot surgery: from the Google ads, you might think lawyers are circling [Climateer via Tyler Cowen]
  • New York mandates more aggressive anti-sepsis measures in hospitals, and White Coat thinks it won’t end well [EP Monthly]
  • Shortages of generic FDA-regulated sterile injectables begin to take deadly toll [AP/Worcester Telegram, earlier]
  • Continuing the discussion of electronic medical records from a few days back: as medico-legal documents, EMRs are under pressure to be something other than candid and spontaneous [Kaus] While other patients wait for critical care, ER docs and nurses enter mandatory data fields for whether the infant is a smoker or the flu victim is a fall risk [White Coat]
  • Obamacare part-time-work fiasco “only starting to become news when it hits university professors” [Coyote, David Henderson, earlier]

Medical roundup

Medical roundup

  • View from Massachusetts General Hospital: drug shortages getting “dire” [WBUR, earlier here, here, here, etc.]
  • Medical liability roundup: Sheriff arrives at Ohio doctor’s home to enforce $9.7 million award blaming lack of Caesarean section for cerebral palsy [TribToday] North Carolina legislature overrides Gov. Beverly Perdue’s veto of liability limits [News & Observer via White Coat] Trial-lawyer-friendly Florida Supreme Court could strike down malpractice award limits in pending case [Orlando Business Journal]
  • “Antitrust rules handcuff physician-led delivery models” [American Medical News]
  • Relatedly, who was it who imagined anonymous denunciation of doctors was going to be a good idea? [Jay Hopkinson via Larry Ribstein]
  • New Medicare paperwork threat to clinical trials? [Beck]
  • Study: Elected coroners less likely to label deaths as suicide than appointed counterparts, family’s access to insurance benefits may be factor [Kevin B. O’Reilly, American Medical News]
  • “Gee, why wouldn’t Obama administration want judges and “public interest” lawyers running its new health care law?” [Mickey Kaus on New Republic report]

October 4 roundup

  • Mass torts specialists vs. vendor: “Prominent Plaintiffs’ Attorneys Ordered to Pay Up After Losing Breach of Contract Trial” [Above the Law]
  • “You’ll have to get it on the street” — NYC’s thriving black market in pesticides [NYT, more]
  • Benjamin Barton on his new book, “The Lawyer-Judge Bias” [Truth on the Market, earlier here, etc.]
  • Medicare will not press “secondary payer” liability clawback claims below $300 [Miller and Zois, PoL, NLJ]
  • Class action roundup: “Sleeper” Supreme Court case raises question of whether class action certification requires consumer harm [Fisher/Forbes] Important Easterbrook opinion in Aqua Dots case puts curbs on class certification [PoL, Fisher/Forbes, Beck] Frey, Mortenson et al.: “The non-fiction class action” [Trask, OUP blog; earlier here, etc.]
  • Free speech roundup: Canada proposal could criminalize linking to alleged hate speech [Hosting Industry Watch] More on Canadian denouncers of speechcrime [Ken at Popehat] You don’t say: “$60,000 Ruling Against Truthful Blogger Tests Limits of the First Amendment” [Citizen Media Law] What happens when a defamation plaintiff asks a court for a takedown order? [same] Argentina: subpoenas step up pressure on reporters, editors who report on economy [NYT via Walter Russell Mead]
  • Should the law punish energy companies whose operations kill birds? Depends on whose osprey is being gored [Perry]

June 8 roundup

New at Point of Law

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