- Topic we’ve covered before: should the MCAT exam for prospective M.D.s grant extra time to applicants with learning disabilities? [KevinMD]
- Virginia blogger Waldo Jaquith fighting subpoena seeking identities of anonymous commenters [Citizen Media Law, earlier]
- A free marketer’s case for why fired professor Ward Churchill might deserve to win his case against the University of Colorado [Coyote Blog]
- She videotaped cops arresting her son. They took her camera. Could she have it back, please? [Ken @ Popehat]
- Despite Obama campaign hints of Second Amendment truce, lower-level appointees far from gun-friendly [Dave Kopel] And new State Department legal advisor Harold Koh pushed international curbs on small-arms trade [Fonte, NRO “Corner”]
- U.K.: “Man Who Attempted Suicide Sues Hospital that Saved Him” [Telegraph via Lowering the Bar]
- National media jump on Luzerne County, Pa. judicial scandal, some details I hadn’t seen in earlier coverage [NYT, ABA Journal]
- Atlanta jury — of 11 women and one lone guy — awards $2.3 million for circumcision injury [Fulton County Daily Report]
Posts Tagged ‘suicide’
Hospital patient falls as “never events”
That’s what the federal government, if not common sense, says. But what if the fall is from the roof?
“Jury convicts mom of lesser charges in online hoax”
“A Missouri mother on trial in a landmark cyberbullying case was convicted Wednesday of only three minor offenses for her role in a mean-spirited Internet hoax that apparently drove a 13-year-old girl to suicide.” Numerous critics had assailed the prosecution of Lori Drew as based on overbroad criminalization; we covered the controversy here, here, and here. (Greg Risling, AP/Buffalo News, Nov. 26).
November 23 roundup
- In unpublished opinion, California appeals court upholds dismissal of Unruh Act challenge to baseball Angels’ Mothers Day tote giveaway [Lex Icon, earlier]. More: CalBizLit.
- Securities class-action firm Bernstein, Liebhard & Lifshitz perhaps a less credible tribune of fiscal rectitude now that name partner Mel Lifshitz has copped felony plea to lying on federal taxes [NY Post, NYLJ, WSJ law blog] And what’s this about Lifshitz funding one of his firm’s clients? [The Street] P.S. He’s now departed the Bernstein firm, but maybe there’s an opening for him as chairman of House Ways and Means.
- Per one lawyer, “would be a stretch” for website operator to be held liable for teen’s overdose suicide with webcam running [AP]
- Carter Wood finishes up weeklong series of posts looking back on the great 1998 tobacco settlement [ShopFloor links to PoL]
- Eric Holder not a reassuring Attorney General choice for gun rights [Kopel @ Volokh]
- Law bloggers on Twitter: Anne Reed explains what the fuss is about [Deliberations; related, Michelle Golden]
- Compulsory chapel? UC Irvine Prof. Alexander McPherson, who quit supervising students rather than submit to state-mandated sexual harassment training, explains his stand [L.A. Times] Lefty blogs once again empty a bucket over his head [Feministe, Lemieux]
- Presumably unrelated: “Law Grad Accused of Faking E-Mail to Implicate Prof in Harassment” [ABA Journal, Florida Coastal]
Medicare adopts “never event” policy
We’ve already aired much dissent from the medical profession about whether or not top-notch hospital care can in fact prevent all instances of patient falls, decubitus pressure ulcers (bedsores), hypoglycemia, deep vein thrombosis, delirium, suicide attempts, c. difficile infection, or iatrogenic pneumothorax. Nonetheless, Medicare has adopted its proposal to deny hospitals reimbursement for the cost of treating such events and complications, with likely consequences both for hospital behavior (refusal to admit some patients at high risk of never events), for private insurer behavior and for the climate of medical malpractice litigation. (Kevin Sack, “Medicare Won’t Pay for Medical Errors”, New York Times, Sept. 30). White Coat Rants, who has blogged extensively on the issue in past months, has some predictions (Oct. 1) of things we can now expect to see more of: more patient transfers between hospitals (since Medicare will not punish the second hospital for the first’s “never event”; underdiagnosis of certain conditions and overdiagnosis of others; and, more remotely but no less alarmingly, pressure on some families to serve as ultimate bearers of risk for supposed never events affecting the frailest and most elderly:
Say hello to the Advance Beneficiary Notices. Medicare won’t cover preventative care, so you are going to have to pay for it out of your pocket. If you’re prone to falls or bedsores, you’ll have to pay for a personal nurse to wait on you hand and foot so you don’t develop these never events. If you don’t pay for a personal nurse 24 hours around the clock to keep a never event from happening, you’re personally responsible for paying the costs of treatment if the “never events” occur. You had the opportunity to prevent the events but you were just too cheap to pay for it. I think that ABNs are less likely to catch on, but eventually I think they will become commonplace.
U.K.: “Government to ban suicide-promoting websites”
One assumes that in the U.S., the First Amendment would restrain the government from regulating this variety of online content. Not so in Britain, where parliamentarians frankly avow their intent to shut down websites that morbidly encourage notions of self-destruction. “I would recommend that publishers who moderate all comments on their forums or chat rooms should silence discussions that encourage suicide, and sites that rely on others to complain about material before they review it should take down such discussions if complaints are received,” said technology lawyer Struan Robertson. What would have happened to Goethe’s Sorrows of Young Werther? (Out-Law News, Sept. 18, via @lawtweets).
Bid to stop suicide fails, San Francisco will pay
“The family of a 26-year-old man who died two years ago after an off-duty firefighter tried to rescue him from the edge of a roof will receive a financial settlement from The City, after claiming the firefighter was at fault.” Fire Lt. Victor Wyrsch tried to grab the suicidal Nick Torrico from the roof, but Torrico tore himself loose and fell to his death, and now the city’s taxpayers will pay Torrico’s family based on their contention that Wyrsch should have held back. (Beth Winegarner, “San Francisco pays up for failed rescue”, San Francisco Examiner, Aug. 26).
Touch-a-car-for-the-longest contest
In Longview, east Texas, the Patterson Nissan dealership held a contest awarding prizes to the participants who could hold their hands on a car the longest. One contestant dropped out, ran to a nearby store where he broke a gun out of its case, and shot himself. The dealership has now settled the lawsuit by Richard Thomas Vega II’s widow claiming that the stress and sleep deprivation of the event amounted to “brainwashing” and that the sponsors failed to make allowances for temporary loss of sanity. (AP/FoxNews.com, Aug. 17).
Rolando Montez’s fatal phone call: JCW Electronics, Inc. v. Garza
On November 14, 1999, high-school dropout Rolando Domingo Montez, celebrating his 19th birthday, was arrested for public intoxication and trespass after the owner of the boat on which he and his friends were sitting complained. Police placed him in Cell No. 1 of the Port Isabel City Jail. The next morning, Montez was permitted to make some collect calls from his jail cell to seek bail money from his mother, Pearl Iris Garza. Mom, complaining that Montez was in jail again, refused. But she generously came to pick up Montez on the 16th when he was released on his own recognizance. Unfortunately, while Garza was waiting in the lobby, and while police were responding to a call for assistance regarding a suspicious vehicle, Montez hung himself with the 19-inch phone cord from the phone he had used to make the calls.
June 29 roundup
- New FASB regulation may provide fodder for trial lawyers: publicly disclose your internal analysis of liability (thus giving away crucial settlement information and attracting more lawsuits), and/or face lawsuits when your disclosure turns out to be incorrect. [CFO.com; CFO.com; NLJ/law.com ($); FASB RFC]
- NBC settles a “You-made-me-commit-suicide-by-exposing-my-pedophilia” lawsuit. [LA Times; WSJ Law Blog; Conradt v. NBC Universal]
- A victim of overwarning? 17-year-old loses hat on Six Flags Batman roller-coaster ride, ignores multiple warning signs to jump multiple fences into unauthorized area, retrieves hat, loses head. [FoxNews/AP; Atlanta Journal-Constitution; TortsProf]
- Lots of Ninth Circuit reversals this term, as per usual. [The Recorder/law.com]
- A no-Twinkie defense doesn’t fly in a maid-beating case. [CNN/AP via ATL]
- The Chinese government demonstrates that it can enforce laws against IP piracy when it wants to [Marginal Revolution]
- “Justice Scalia said he thought that the United States was ‘over-lawed,’ leading to too many lawyers in the country. ‘I don’t think our legal system should be that complex. I think that any system that requires that many of the country’s best minds, and they are the best minds, is too complex. If you look at the figures, where does the top of the class in college go to? It goes into law. They don’t go into teaching. Now I love the law, there is nothing I would rather do but it doesn’t produce anything.'” [Telegraph]
- Above the Law commenters decidedly unimpressed by my looks. Looking forward to feminists rushing to my defense against “silencing insults.” [Above the Law]