Archive for 2009

“The unintended consequences of preventing patient falls”

Falls are considered “never events” under Medicare guidelines and of course are the subject of litigation against hospitals and other providers. The costs of overreaction to fear of being charged with error are not so readily measured, but are only too real:

If hospitals are scrutinized for the occurrence of falls, the natural tendency will be to focus on such events even at the expense of competing (and perhaps more important) outcomes. Unintended consequences are likely to include a decrease in mobility and a resurgence in the use of physical restraints in a misguided effort to prevent fall-related injuries.

[New England Journal of Medicine via KevinMD]

“Shrimp suit doesn’t hold water”

The New York Post reports on a putative class action brought by Marc Verzani complaining that Costco’s 16-oz shrimp platter doesn’t hold 16 ounces of shrimp. The SDNY judge noted that the platter holds other materials such as sauce and lemon wedges, and simultaneously denied and ridiculed the preliminary injunction motion. Verzani was alleging $40 million in annual damages.

Some wellsprings of high indignation

Noted by Terry Teachout in his “Almanac” feature:

“He recognized that common, much litigated type of human disagreement in which each party to it insists on reducing his opponent’s position or contention to its bare essentials–yes or no; did he, or did he not, still beat his wife?–while asserting the right to state his own position or contention with every circumstantial distinction preserved. High indignation and conflicting strong senses of righteousness resulted.”

James Gould Cozzens, Guard of Honor

Feds charge lawyer with embezzling $950K

Prosecutors accuse Benjamin Eichholz of varied misdeeds, among them diverting pension fund moneys into inappropriate outlays that include a $56,100 Flora Danica fine china set on display at his home. “Eichholz maintains the china was an investment by the pension plan, according to News3OnYourSide.” Eichholz’s Savannah firm, like many others, has used actor Robert Vaughn as a TV pitchman. [ABA Journal; Tom Barton, Savannah Morning News (“probably Savannah’s best-known lawyer” owing to “cheesy” ads)]