Next up, regicide on the chessboard? “One of the world’s largest and most respected humanitarian groups … is investigating whether the Geneva and Hague conventions should be applied to the fictional recreation of war in video games.” [Kotaku]
Archive for December, 2011
Medical roundup
- 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]
Montana: “Bicyclist Gets Nearly $100G After Fall on Icy Trail”
“The president of the Florence Park District says he’s disappointed in a system that allows a man riding a motorized bicycle on a winter night on a trail that doesn’t allow motorized vehicles to receive an insurance settlement. Half of the settlement came from a Florence bar because snow was pushed onto the trail when the bar parking lot was plowed.” [AP]
“Chick-fil-A Is Worried You Can’t Tell Kale From ‘Chikin'”
The slogan “Eat More Kale” gets a Vermont t-shirt silk-screener in trouble with the fast-food chain. [Gothamist]
Risks of trying to be safe dept.
“Alarm fatigue” is said to be a growing peril in hospitals as “nurses become so desensitized to the constant beeping that they don’t hear or ignore important warnings that a patient’s condition might be worsening.” [Liz Kowalczyk, Boston Globe]
Trying cases in the press
Yes, media coverage does affect the outcome of court cases, and here are some of the ways [Andrew Trask]
Synagogue youth workers wage-hour suit
“A youth group adviser from California has brought a class-action suit against her employer, the Orthodox Union. …Her complaint states that in addition to her ‘nine-to-five’ duties of teaching classes, meeting with students and co-workers, cooking for holiday meals and running programs, she also had students at her house on Friday nights, Saturdays and Sundays. She had to make herself constantly available to students and their parents by phone and e-mail, and she worked around the clock while chaperoning Shabbatons and trips.” Overtime was not paid for these duties as legally required, her lawyer says. [JTA via Helfand/Prawfs; related on scope of “ministerial exception” in employment law]
Macaulay on legal ethics
We will not at present inquire whether the doctrine which is held on this subject by English lawyers be or be not agreeable to reason and morality; whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire; whether it be right that, not merely believing but knowing a statement to be true, he should do all that can be done by sophistry, by rhetoric, by solemn asseveration, by indignant exclamation, by gesture, by play of features, by terrifying one honest witness, by perplexing another, to cause a jury to think that statement false.
—Thomas Babington Macaulay, Essay on Francis Bacon
“Buying a product specifically because it doesn’t have doors…”
“…then suing for the same reason seems illogical.” [Nick Farr, Abnormal Use, on Yamaha Rhino cases]
Great moments in California public employee tenure
California public employees can appeal to the little-known Personnel Board to challenge terminations. Among those ordered reinstated: “A nurse’s aide accused of stealing money from an elderly patient and a hospital staffer who allegedly beat a disabled patient with a shoe.” Replete with examples, this is the sort of investigative piece that ought to make a difference, though alas it probably won’t [Los Angeles Times]
More: At The American, Lee Ohanian has a fact-packed overview of “America’s public sector union dilemma.” Fred Siegel is interviewed by Matthew Kaminski on New York City and public sector unions as the “New Tammany Hall” [WSJ] SEC chief Mary Schapiro says firing failed employees would “harm” the agency [Mark Calabria, Cato]. And Jonah Goldberg discovers that, especially in California, there really is something to this talk of a “prison-industrial complex.”