“In a reversal that has stunned the plaintiff bar, the Florida chapter of AARP, the powerful senior lobbying group, has declared its support of caps on pain and suffering damages in abuse and neglect lawsuits against Florida nursing homes.” In years past the retirees’ group has been an influential foe of limits on nursing home liability, but the state chapter reversed course and decided to strike a compromise with nursing home operators that would trade limits on pain-and-suffering liability in exchange for the industry’s agreement to accept new state rules, among them a requirement that facilities maintain assets so that successful litigants can recover liability verdicts. A lobbyist for the Florida chapter “said AARP changed its view after learning that many nursing homes were hiding their assets to avoid liability claims. In addition, many nursing homes have been carrying little or no liability coverage, despite the 2001 law’s requirement that all facilities carry coverage.” The group’s change in course is likely to draw fire from other elements within AARP that remain closely allied with the litigation lobby; it also was criticized by an official of the “Coalition to Protect Florida Elders, a nonprofit organization that is funded by trial lawyer Jim Wilkes.” More on Fla. nursing home suits: Mar. 13-14, 2001; Mar. 19, 2003; etc. (Julie Kay, “Unexpected Ally”, Miami Daily Business Review, Dec. 17).
Posts Tagged ‘nursing home’
Nursing home damages
Some states have changed laws to cap noneconomic damages–and, in some cases, limit the use of inspection records as evidence–in lawsuits against nursing homes. (Cherie Song, “States Move to Curb Nursing Home Suits,” National Law Journal, July 8).
Archived politics items, pre-July 2003
“A tangled Mississippi web“, Jun. 16-17, 2003; “Mississippi investigation heats up“, May 7, 2003; “‘High court judge had use of condo owned by group that includes trial lawyer’“, Oct. 11-13, 2002; “Rumblings in Mississippi“, Oct. 9-10, 2002.
Sen. Edwards, 2003: “More on Edwards’ law-firm donations“, May 8; “Edwards leads in fund raising“, Apr. 7-8; “‘Edwards doesn’t tell whole story’“, Mar. 4 (& letter to the editor, Mar. 31). 2002: “‘Bush urges malpractice damage limits’“, Jul. 29; “‘Edwards’ fund raising a strong suit’“, Jul. 18 (& Sept. 3-4); “‘The trials of John Edwards’“, May 20-21; “What big teeth you have, Sen. Edwards“, May 1-2; “Trial lawyer smackdown!”, Feb. 20-21. 2001: “Trial lawyer president?“, Mar. 9-11. 2000: The Veep that got away”, Aug. 15.
Politicians’ ATM, 2003: “‘Lawyers find gold mine in Phila. pension cases’“, Mar. 21-23; “ATLA’s hidden influence“, Jan. 21-22. 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Pa. statehouse race: either way, Big Law wins“, Oct. 24; “Trial lawyers and politics: Michigan, Texas“, Oct. 9-10; “Last-minute friends in Texas politics“, Jul. 22-23; “Trial lawyer smackdown!” (Scruggs vs. Sen. Edwards), Feb. 20-21. 2001: “Third Circuit cuts class action fees“, Sept. 25-26; “‘Trial lawyers derail Maryland small claims reform’” (Gov. Parris Glendening), July 25; “Villaraigosa and the litigation lobby” (Calif. assembly speaker), June 18; “Ness monster sighted in Narragansett Bay” (Rhode Island contributions by Ness Motley), June 7; “‘Nursing homes a gold mine for lawyers’” (Fla. lawyer said he probably gave $1 million to politicians last election cycle), Mar. 13-14; “‘Angelos made rare donation to GOP’” (Sen. Hatch’s campaign), Feb. 16-19; “Sen. Kennedy flies the trial-lawyer skies“, Jan. 8. 2000: “O’Quinn a top Gore recount angel“, Dec. 15-17; “California’s lucrative smog refunds” (Lerach and Gov. Gray Davis), Dec. 5; “Friend to the famous” (Williams Bailey), Oct. 12; “‘Money to burn’” (Ness Motley), Oct. 6-9; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage: Sept. 15-17, Sept. 19); “Clinton’s trial-lawyer speech, cont’d“, Aug. 1; “Trial lawyers give $500,000 as legislation heads to Senate floor“, Jun. 14-15; “Texas tobacco fees” (recycling into party politics), May 22; “Gore among friendly crowd (again)“, April 12; “Al Gore among friendly crowd“, Mar. 30; “‘Trial Lawyers Pour Money Into Democrats’ Chests“, Mar. 24-26; “Bill Clinton among friendly crowd“, Feb. 14; “‘Tracking the trial lawyers’: a contributions database“, Jan. 21-23 (& Sept. 25-26). 1999: “Hurry with those checks“, Dec. 1; “Give, and receive“, Sept. 25-26.
Judicial elections, 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Mudslinging in Ohio high court races“, Nov. 1-3 (& Nov. 4-5); “Ohio’s high-stakes court race“, Oct. 16-17; “Judicial selection, the Gotham way“, Oct. 15; “Rumblings in Mississippi“, Oct. 9-10. 2001: “Don’t try rating our judges, or else” (Phila.), Oct. 24-25; “‘Philadelphia judicial elections still linked to cash’“, Oct. 12-14; “‘Reflections of a Survivor of State Judicial Election Warfare’” (Justice Robert Young, Mich.), July 3-4. 2000: “More election results” (Mich., Ohio), Nov. 9; “Michigan high court races” (and earlier coverage Aug. 23-25, May 15, May 9, Jan. 31, 2000; Aug. 6, 1999); “Just had to donate” (Mississippi), Nov. 3-5; “Ohio high court races“, Oct. 30 (and earlier coverage Aug. 18, Aug. 6, 1999); “Campaign consultants for judges“, Aug. 28.
Lobbying clout: “Florida: ‘New clout of trial lawyers unnerves legislators’“, Mar. 20, 2003; “Let’s go to the tape” (ATLA lobbies Sen. Grams), Apr. 27, 2000; “House passes liability reforms“, Feb. 24, 2000; “Sixth most powerful” (Only sixth? Trial lawyers among Washington lobbies), Dec. 10, 1999; “Calif. state bar improperly spent dues on politicking“, Aug. 25, 1999.
RN, 2003: “‘Public deceit protects lawsuit abuse’“, Mar. 15-16; “ATLA’s hidden influence“, Jan. 21-22. 2002: “Nader credibility watch” (calls fast-food restaurants “weapons of mass destruction”), May 24-26. 2001: “Channeling Chomsky” (Trade Center attacks), Oct. 22 (& Oct. 1); “Trial lawyers (some of them) yank Nader funding“, Feb. 16-19. 2000: “Election special: Nader non grata“, Nov. 10-12; “Coercive capitalism?“, Nov. 6; “Election roundup” (Nader “dashboard saint” to trial lawyers), Oct. 23; “RN’s illusions“, Sept. 22-24; “Bush-Lieberman vs. Gore-Nader?“, Aug. 14; “Nader cartoon of the year“, Jul. 31; “Nader, controversial at last“, Jun. 13.
“Friends in high places, cont’d” (Kansas governor), May 5, 2003.
“Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.
“Trial lawyer’s purchase of Alabama governor’s house said to be ‘arm’s-length’“, Jan. 7-8, 2003.
“Friends in high places, cont’d“, May 5, 2003; “Gotham’s trial lawyer-legislators“, Dec. 13-15, 2002; “Trial lawyers’ clout in Albany“, Oct. 4, 2000.
Lawyers as candidates: “To tame Madison County, pass the Class Action Fairness Act” (Ill. Senate seat), Jun. 12-15, 2003; “Some election results“, Nov. 7, 2002; “Campaign roundup“, Nov. 4-5; “‘Wealthy candidates give Democrats hope’“, Oct. 11-13, 2002; “Trial lawyer candidates“, Jul. 6, 2000 (& update Sept. 15-17: Ciresi defeated in primary bid); “Tort fortune fuels $3M primary win” (House race in W.V.), May 11, 2000 (& updates Oct. 23, Nov. 9 (lawyer defeated); “‘Lawyer’ label hurts at polls“, Dec. 8, 1999.
“‘Morales’ $1 Million Tobacco Fee Under Fire’” (Texas), Jul. 15, 2002; “Texas tobacco fees: Cornyn’s battle“, Sept. 1-3 (& May 22, 2000, June 21, 2001, Aug. 29-30, 2001, Nov. 12, 2001).
Congress, 2003: “To tame Madison County, pass the Class Action Fairness Act” (Ill. Senate seat), Jun. 12-15. 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Durbin’s electability“, Apr. 25. 2001: “‘Angelos made rare donation to GOP’” (Hatch), Feb. 16-19; “Philadelphia juries pummel doctors” (Sen. Arlen Specter), Jan. 24-25; “Sen. Kennedy flies the trial-lawyer skies“, Jan. 8. 2000: “Litigation reform: what a Democratic Congress would mean” (comments of Rep. Patrick Kennedy (D-R.I.)), Nov. 7; “Friend to the famous” (Williams Bailey), Oct. 12; “Owens Corning bankrupt” (House Judiciary Democrats), Oct. 6-9; “Veeps ATLA could love” (Durbin, D-Ill., and Cohen, R-Me.); “Trial lawyers give $500,000 as legislation heads to Senate floor“, June 14-15.
Pres. & Sen. Clinton, 2001: “Humiliation by litigators as turning point in Clinton affair“, May 24; “Push him into a bedroom, hand him a script” (Bill’s testimonial for tobacco lawyers), March 9-11. 2000: “Friend to the famous” (Williams Bailey & HRC), Oct. 12; “I know [you] will give $100K when the president vetoes tort reform, but we really need it now“, Sept. 14, 2000 (& more coverage: Sept. 15-17, Sept. 19); “Clinton’s trial-lawyer speech, cont’d“, Aug. 1 (& “a footnote”, Aug. 2); “Clinton’s date with ATLA“, Jul. 31; “Bill Clinton among friendly crowd“, Feb. 14. 1999: “Gun litigation: a helpful in-law” (Hugh Rodham surfaces as middleman in gun cases), Oct. 25; and see 2000 campaign.
State attorneys general, 2002: “Some election results“, Nov. 7; “Campaign roundup“, Nov. 4-5; “Spitzer riding high” (N.Y.), Jun. 17-18; “Microsoft case and AG contributions“, Apr. 3-4; “Like father, like daughter?” (Lisa Madigan, Ill.), Jan. 7-8. 2001: “Vast new surveillance powers for state AGs?” (“biggest showboaters in American politics”), Sept. 25-26. 2000: “Ness Motley’s aide-Gregoire, July 17; “Rewarded with the bench” (Connecticut AG Blumenthal), June 12. 1999: “Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas attorney general picks her old law firm for lucrative contract suing tobacco firms), Oct. 11; and see state tobacco fees.
“Judicializing politics (cont’d)“, Jun. 19-20, 2002; “Unlikely critic of litigation” (Larry Klayman, Judicial Watch), Apr. 16-17, 2002.
“‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002.
“Texas trial lawyers back GOP PAC“, Mar. 12, 2002.
“Third Circuit cuts class action fees“, Sept. 25-26, 2001; “ABA thinks it can discourage pay-to-play“, Aug. 11, 1999.
“Update: Alabama high court reverses convction in campaign-tactics case“, Jul. 7, 2001; “Update: Alabama campaign-tactics case“, Aug. 31, 2000; “‘Bama bucks“, Nov. 16, 1999; “Alabama story goes national“, Sept. 1; “Playing rough in Alabama“, Aug. 26, 1999.
“Chapman, Broder, Kinsley on patients’ rights” (Kinsley: “pretty true” that Democratic Party in lawyers’ pocket), Jun. 28.
“‘Lender hit with $71M verdict’” (Mississippi legislators), Jun. 15-17, 2001.
“‘The last tycoon’” (Peter Angelos), April 12, 2001; “Czar of Annapolis, and buddy of Fidel“, Dec. 9, 1999; “Maryland’s kingmaker“, Oct. 19, 1999.
“Trial lawyer heads Family Research Council“, Mar. 2-4, 2001.
Archived entries on the 2000 presidential race and recount can be found here.
“Monitor vote fraud, get sued for ‘intimidation’“, Oct. 24, 2000.
“New page on Overlawyered.com: trial lawyers and politics” (this page launched), Jul. 28-30, 2000.
“Lenzner: ‘I think what we do is practice law’” (private investigator’s tactics), Jul. 28-30, 2000.
“Trial lawyers’ political clout“, May 8, 2000.
“Progressives’ betrayal” (Jonathan Rauch), Apr. 4, 2000; “Trial lawyers on trial” (Reader’s Digest), Dec. 23-26, 1999; “The reign of the tort kings“, Oct. 26; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone), Jul. 24, 1999.
“Pro-litigation measures on California ballot“, March 6, 2000 (update Mar. 8: measures defeated).
“From the Spin-To-English Guide” (“access to justice” rhetoric), Oct. 25, 1999.
Archived medical items, pre-July 2003
“Texas’s giant legal reform“, Jun. 18-19, 2003.
Malpractice suit crisis, 2003: “Letter to the editor“, Jun. 20-22; “Docs leaving their hometowns“, Jun. 12-15; “Juggling the stats“, Jun. 4-5; “Malpractice studies“, May 12; “Public Citizen’s bogus numbers“, Apr. 10-13; “Malpractice crisis hits sports-team docs” (& general roundup), Apr. 7-8; “Would you go into medicine again?“, Mar. 18; “‘Public deceit protects lawsuit abuse’“, Mar. 15-16; “One solution to the malpractice crunch“, Feb. 19; “Feinstein set to back Bush malpractice plan“, Feb. 12; “State of the Union“, Jan. 29; “Malpractice-cost trends“, Jan. 24-26; “ATLA’s hidden influence“, Jan. 21-22; “Playing chicken on malpractice reform“, Jan. 9; “‘Doctors strike over malpractice costs’” (W.Va., Pa.), Jan. 3-6. 2002: “Campaign roundup“, Nov. 4-5; “Pennsylvania House votes to curb venue-shopping“, Oct. 11-13; “Rumblings in Mississippi“, Oct. 9-10 (& Sept. 9-10); “Let ’em become CPAs“, Oct. 7-8; “Tour of the blogs“, Sept. 24; “You mean I’m suing that nice doctor?“, Aug. 1; “‘Bush urges malpractice damage limits’“, Jul. 29; “‘Trauma center reopens doors’“, Jul. 18; “Malpractice crisis latest” (Pa., Tex.), Jun. 11-12; “Sick in Mississippi? Keep driving“, Jun. 3-4 (& Apr. 5-7); “‘Rocketing liability rates squeeze medical schools’“, May 28-29; “‘The trials of John Edwards’“, May 20-21; “Ob/gyns warn of withdrawal“, May 17-19; “‘The Tort Mess’” (Forbes, etc.), May 13; “Texas doctors’ work stoppage“, Apr. 11 (& Mar. 15-17); “No more ANZAC Day marches?” (Australia), Apr. 1-2; “Scenes from a malpractice crisis“, Mar. 5; “Med-mal: should doctors strike?“, Jan. 21-22. 2001: “Soaring medical malpractice awards: now they tell us“, Sept. 11; “‘Valley doctors caught in “lawsuit war zone”‘“, May 3; “Pennsylvania MDs drop work today“, Apr. 24; “Philadelphia juries pummel doctors“, Jan. 24-25. 2000: “Trial lawyers’ clout in Albany“, Oct. 4; “Malpractice outlays on rise in Canada“, Oct. 2.
Ob/gyn, 2003: “Juggling the stats“, Jun. 4-5; “Malpractice studies“, May 12; “‘Edwards doesn’t tell whole story’“, Mar. 4 (& letter to the editor, Mar. 31); “‘Delivering Justice’“, Feb. 27. 2002: “Ob/gyns warn of withdrawal“, May 17-19 (& see Jun. 11-12); “‘Support case hinges on failed sterilization’” (Ind.), Apr. 26-28; “Med-mal: should doctors strike?“, Jan. 21-22. 2001: “Fleeing obstetrics, again“, Dec. 21-23; “‘Wrongful life’ comes to France“, Dec. 11 (& updates Jan. 9-10, May 20-21, Jul. 1-2, 2002); “Meet the ‘wrongful-birth’ bar“, Aug. 22-23 (& letter to the editor, Sept. 3; more on wrongful birth/life: Nov. 22-23, Sept. 8-10, June 8, May 9, Jan. 8-9, 2000); “Pennsylvania MDs drop work today“, April 24; “Caesarean rate headed back up“, Feb. 5. 2000: “Birth cameras not wanted“, Oct. 18; “Plastic surgeons must weigh patients’ state of mind, court says” (roundup: anti-abortion suits), Aug. 15. 1999: “‘Trial lawyers on trial’” (Norplant, etc.), Dec. 23-26; “‘Your perfect birth control…blocked?’“, Aug. 11 (Norplant) (& update Aug. 27; company to settle 36,000 suits); “Yes, this drug is missed” (hospital admissions for hyperemesis tripled after lawyers drove Bendectin off market), Jul. 21.
“Malpractice studies“, May 12, 2003; “Radiologists: sue them enough and they’ll go away“, Nov. 2, 2000 (& see Sept. 24, 2002).
Nursing homes, geriatrics, 2003: “Florida: ‘New clout of trial lawyers unnerves legislators’“, Mar. 20; “$12,000 a bed“, Mar. 19. 2001: “Soaring medical malpractice awards: now they tell us“, Sept. 11; “‘Doctor liable for not giving enough pain medicine’“, Jun. 15-17; “‘Nursing homes a gold mine for lawyers’“, Mar. 13-14. 2000: “‘Litigation grows in ailing nursing home industry’“, Jun. 20 (& see Mar. 2-4, 2001).
“Incoming link of the day“, Mar. 5-7, 2003.
Emergency medicine: “‘Trauma centers warn lives could be at risk’” (Orlando), Feb. 28-Mar. 2, 2003; “Ambulances, paramedics sued more“, Oct. 28-29, 2002; “Let ’em become CPAs“, Oct. 7-8; “Avoid having a medical emergency in Mississippi“, Apr. 5-7; “Scenes from a malpractice crisis” (closure of trauma centers), Mar. 5, 2002 (& see Jun. 11-12); “That’ll teach ’em” (Chicago EMS), Dec. 26-28, 2000; “Highway responsibility” (ambulance, hospital sued in Derrick Thomas crash), Nov. 28, 2000.
“The jury pool he faced“, Feb. 25, 2003.
“Take care of myself? That’s the doc’s job“, Feb. 14-16, 2003; “Claim: docs should have done more to help woman quit smoking and lose weight” (Pa.), Sept. 18-19, 2002.
“Medical mistakes” estimates, 2001: “Report: ‘medical errors’ study overblown“, July 27-29. 2000: “‘Report on medical errors called erroneous’“, July 11; “Medical mistakes, continued“, March 7; “‘Medical errors’ study“, Feb. 28; “Against medical advice” (Clinton proposals), Feb. 22 (& see malpractice law section below).
“Mercury in dental fillings“, Jul. 16-17, 2002 (& Nov. 4-5, 2002).
Psychiatry and allied fields, 2002: “‘Mom who drugged kids’ ice cream sues’“, Nov. 1-3; “‘Patient sues hospital for letting him out on night he killed’” (Australia, psychiatric case), Oct. 16-17; “‘After stabbing son, mom sues doctors’“, May 31-June 2; “Counseling center may face closure” (Okla.), May 24-26. 2000: “Killed his mother, now suing his psychiatrists“, Oct. 2; “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27 (update, Mar. 2: he’s reported to have punched a social worker twice since going off medication; Mar. 29: jury convicts him anyway); “Latest excuse syndromes” (“Internet intoxication”, etc.), Jan. 13-14; “Warn and be sued” (clinical psychologist loses confidentiality suit after warning of patient’s dangerousness), Jan. 12. 1999: “Doctor sues insurer, claims sex addiction“, Oct. 13; see also personal responsibility.
“Artificial hearts experimental? Who knew?“, Oct. 23, 2002.
“U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.
“Lawyers fret about bad image” (lawyers’ own poll finds public has much more confidence in doctors than in lawyers), Oct. 3, 2002.
“‘Patient pays price for suing over cold’” (U.K.), Sept. 20-22, 2002.
“‘Doctors hope fines will curb frivolous lawsuits’“, Sept. 6-8, 2002; “The doctor strikes back” (neurosurgeon countersues), June 14-15, 2000; “‘Truly egregious’ conduct” (court cites misconduct by attorney Geoffrey Fieger in suit against cardiologist), Sept. 14, 1999.
“Accident medicine”, 2002: “‘How to spot a personal injury mill’“, Aug. 19. 2001: “Lawyers (and docs) block cleanup of Gotham crash fraud“, April 2. 2000: “‘How do you fit 12 people in a 1983 Honda?’“, Aug. 23-25; “His wayward clients“, May 25; “Less suing = less suffering” (NEJM whiplash study), Apr. 24 (& update Jun. 26).
“‘The NFL vs. Everyone’” (medical privacy laws could restrict sports teams from commenting on players’ injuries), Jun. 13, 2002; “Promising areas for suits” (sports medicine), Dec. 7, 2000; “Doctor cleared in Lewis cardiac case“, May 15, 2000.
“‘Remove child before folding’” (AEI-Brookings study on defensive medicine), Jun. 5, 2002.
Managed care/HMOs, 2002: “‘Bad movie, bad public policy’” (John Q), Mar. 19; “Washington Post blasts HMO class actions“, Jan. 30-31. 2001: “Managed care bill: Do as we say…“, Sept. 7-9 (& Dec. 6, 1999); “Contrarian view on PBR“, Aug. 17-19; “Chapman, Broder, Kinsley on patients’ rights“, June 28; “Managed care debate“, June 26; “Columnist-fest” (Morton Kondracke), June 22-24; “Docs and Dems“, June 19; “Roundup“, May 21. 2000: “Patients’ Bill of Wrongs” (Richard Epstein), Oct. 27-29; “Fortune on Lerach“, Aug. 16-17; “Arm yourself for managed care debate“, April 20; “Employer-based health coverage in retreat?“, March 31-April 2. 1999: “Weekend reading: columnist-fest” (John McCarron), Dec. 11-12; “Actions without class” (Wash. Post editorial: “extortion racket”), Dec. 2; “Who’s afraid of Dickie Scruggs?“, Dec. 2; “Aetna chairman disrespects Scruggs“, Nov. 18-19; “World according to Ron Motley” (world’s richest lawyer plans to sue HMOs, nursing homes, drugmakers), Nov. 1; “Deal with us or we’ll tank your stock” (managed care stock prices plunge), Oct. 21; “‘Health care horror stories are compelling but one-sided’“, Oct. 16-17; “After the HMO barbecue“, Oct. 12; “Power attracts power” (Boies joins anti-HMO effort), Sept. 30; “Impending assault on HMOs“, Sept. 30; “Rude questions to ask your doctor” (why are you helping trial lawyers make it easier to sue health plans?), Sept. 4-6; “From the fourth branch, an ultimatum” (leading trial lawyer vows to “dismantle” managed care), July 16.
“Hospital rapist sues hospital“, May 22-23, 2002 (& Mar. 5-7, 2003: court dismisses case).
“Bush’s big mistake on mental health coverage“, May 13, 2002.
“‘Big government ruined my long weekend’” (tide-over weekend prescribing), May 7, 2002.
“Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002.
“All things sentimental and recoverable” (veterinarians), Jan. 30-31, 2002.
Public health follies: “Infectious disease conquered, CDC now chases sprawl“, Nov. 9-11, 2001; “Letter to the editor” (activist doctors vs. gun ownership), May 18, 2001; “‘P.C., M.D.’“, Feb. 23-25, 2001.
“Bioterrorism preparedness” (laws hobble hospitals), Oct. 30, 2001.
“Letter to the editor“, Sept. 3, 2001 (can/should doctors avoid lawyers as patients?) (responses, Oct. 22).
“Clinical trials besieged“, Aug. 27-28, 2001; “Bioethicist as defendant” (Arthur Caplan, Jesse Gelsinger case), Oct. 6-9, 2000.
“‘Doctor liable for not giving enough pain medicine’“, Jun. 15-17, 2001.
“The unconflicted Prof. Daynard” (British Medical Journal and tobacco lawyer), April 21-23, 2000 (& update: letters, Jan. 2001, June 2001).
“To destroy a doctor” (lawyer’s campaign against laparoscopic surgeons), June 6, 2001.
“Mommy, can I grow up to be an informant?“, July 30, 2001; “A case of meta-False Claims” (overzealous prosecution of hospitals), Sept. 9, 1999.
“Updates” (Lawyers’ cameras in trauma ward), Dec. 26-28, 2000 (& Oct. 18).
“Promising areas for suits” (laser eye surgery), Dec. 7, 2000.
Plastic surgery: “Plastic surgeons must weigh patients’ state of mind, court says“, Aug. 15, 2000 (& June 11, 2001: she loses); “Strippers in court“, Jan. 28, 2000; “No spotlight on me, thanks” (leading breast-implant lawyer obtains gag order against lawyers for dissatisfied clients), August 4, 1999; “Never saying you’re sorry” (implants), July 2, 1999.
“Turn of the screw” (pedicle screw lawsuits), Oct. 24, 2000.
“Disabled rights roundup” (obligatory sign interpreters at doctor’s offices), Sept. 29-Oct. 1, 2000; “From our mail sack: ADA enforcement vignettes” (interpreters, guide dog allergy case), May 31, 2000.
“Embarrassing Lawsuit Hall of Fame” (intimate injury; misdiagnosis charge), Aug. 14, 2000.
“Senator Lieberman: a sampler” (cost of defensive medicine), Aug. 8-9, 2000.
“And don’t say ‘I’m sorry’” (nurse’s first-person account), June 21, 2000.
“Can’t sue over affair with doctor” (court rules it was consensual), June 13, 2000.
“Jumped ahead, by court order” (residency), May 31, 2000.
“‘Case’s outcome may spur more lawsuits’” (Mississippi fen-phen trial), Dec. 10, 1999; “‘Dieters still want fen-phen’“, August 18, 1999.
“Rhode Island A.G.: let’s do latex gloves next“, Oct. 26, 1999.
“Michigan high court upholds malpractice reform“, August 6, 1999.
Other resources on medicine and litigation:
Good general links pages on health law are provided by the St. Louis University Center for Health Law Studies and by the whimsically named but highly useful Health Hippo.
The Litigation Explosion, the 1991 book by Overlawyered.com editor Walter Olson, was excerpted in two parts by Medical Economics [part one] [part two]
Marc Arkin, “Products Liability and the Threat to Contraception” (Manhattan Institute Civil Justice Memo, February 1999).
L. William Luria, M.D., and Dennis G. Agliano, M.D., “Abusive Medical Testimony: Toward Peer Review“, describes efforts under way in Hillsborough County, Florida, to apply principles of peer review to the control of irresponsible or unqualified forensic testimony by medical professionals.
Walter Olson, “Lawyers with Stethoscopes: Clients Beware” (Manhattan Institute Civil Justice Memo, 1996) (abusive litigation is also bad for the medical prognosis of claimants)
Breast implants: see separate page
Vaccines:
Health Hippo vaccines section.
Peter Huber, “Dan Quayle, the Lawyers and the AIDS Babies“, Forbes, October 28, 1991 (liability and an AIDS vaccine).
Peter Huber, “Health, Death, and Economics“, Forbes, May 10, 1993 (“investment in vaccines remains far lower than it should be, given the huge benefits that vaccines provide”)
Walter Olson, “California Counts the Costs of Lawsuit Mania“, Wall Street Journal, June 3, 1992 (liability slowing research on AIDS vaccine).
Malpractice law:
Daniel Kessler and Mark McClellan of Stanford won the Kenneth Arrow Award in Health Economics in 1997 for their article “Do Doctors Practice Defensive Medicine?”, which “found that when states reformed malpractice laws to put caps on damages for pain and suffering, or to eliminate punitive damages, hospital expenditures for heart disease patients were reduced by about 5 percent, yet did not leave the patients with worse health outcomes.”
Richard Anderson, M.D., “An ‘Epidemic’ of Medical Malpractice? A Commentary on the Harvard Medical Practice Study“, Manhattan Institute Civil Justice Memo, July 1996 (shortcomings of famous study of medical care in New York hospitals).
Forbes columns by Peter Huber on the issue include “Malpractice Law: A Defective Product” (1990) and “Rx: Radical Lawyerectomy” and “Easy Lawsuits Make Bad Medicine” (1997).
Walter Olson, “A Story That Doesn?t Have a Leg To Stand On,” Wall Street Journal, March 27, 1995 (the famous “wrong-leg amputation” case).
In 1993, in a paper given at the annual meeting of the Association for Health Services Research, Daniel Mendelson and Robert Rubin estimated that defensive medicine practices in three areas alone — pre-surgical testing, fetal monitoring and skull x-rays — probably exceeded $2 billion a year, and estimated likely savings from “aggressive malpractice reform” at more than twice that amount. Perhaps in contrast (or perhaps not), a 1995 study of obstetrics in Washington state by L. Baldwin et al found no differences in practice between doctors who had been named in suits and those who had not. And Mark Hauser et al, “Fear of Malpractice Liability and its Role in Clinical Decision-Making” studied doctors’ reaction to hypothetical cases in which a patient’s file did or did not reveal a history of having sued physicians. They found that in cases where an earlier suit had been reported the doctors were modestly more likely to call in other doctors, to recommend hospital admission, to document a case “by the book” rather than rely on judgment, and to predict a bad outcome. Surprisingly, they did not order more tests or withdraw from cases more often when informed that a patient had a record of suing. The Hauser paper notes one possible cost of an over-hasty resort to hospitalization: “In psychiatry a defensive response might include a needlessly low threshold for involuntary hospitalization, where the patient’s liberty and autonomy are, in essence, sacrificed in favor of conservative practice for the sake of self-protection.”
The Michigan law firm of Garan, Lucow, Miller & Seward, P.C., which has a specialty in medical malpractice defense, maintains a comprehensive links page of resources in the field.
Among reform groups, the Health Care Liability Alliance is a nationwide advocacy group whose website offers a variety of useful materials on the case for lawsuit reform. Californians Allied for Patient Protection defends the Golden State’s MICRA limits on malpractice liability. CLYSIS is a Minnesota group working for medical liability reform. State medical societies, such as the Medical Society of the State of New York, often maintain law-related information at their websites.