Can a Patient Consent to Medical Malpractice? (A Followup on the Octuplets)
In the comments to “Can the Octuplets Sue for Medical Malpractice,” B. Barton asks: Numerous sources have reported that Ms. Suleman wanted these [6] remaining embryos transferred [2 of which split into...
View ArticleAnother Mangled Prescription for Health Courts to Evaluate Medical...
The WSJ Law Blog points us to an Op-Ed in the NYTimes: Restoring a foundation of trust requires a new system of medical justice. Medical cases are now decided jury by jury, without consistent...
View ArticleA Dialogue With An Emergency Physician About Health Care Reform
Not too long ago, I believe at the recommendation of Walter Olson at Overlawyered, I started reading WhiteCoat Rants (renamed WhiteCoat’s Call Room when he moved to Emergency Physicians Monthly), an...
View ArticleHas Pennsylvania’s Medical Malpractice Reform Been A Failure? (Part 1 of 2)
WhiteCoat (and later Walter Olson) directed me to this op-ed in the Pittsburgh Post Gazette by Gerald F. O’Malley, a Philadelphia-based emergency physician: … Governor Rendell recently declared that...
View ArticleHas Pennsylvania’s Medical Malpractice Reform Been A Failure? (Part 2 of 2)
Following up on yesterday’s discussion of an emergency physician’s critique of medical malpractice reform in Pennsylvania, in which the physician claimed, without any evidence, that the number of...
View Article“How Other Countries Judge [Medical] Malpractice,” By A Law Professor Who...
Professor Richard Epstein of the University of Chicago published an opinion piece in yesterday’s Wall Street Journal on medical malpractice. "Embarrassingly ignorant" would be a charitable description....
View ArticleDon’t Believe The Hype: A Recent Study Did Not Show 83% Of Americans Support...
Philip K. Howard, whose nonsense medical malpractice "health courts" idea I’ve panned before, is back pushing more hooey from two insurance and corporate front groups, Common Good and the Committee for...
View ArticleA Game Theory Model of Medical Malpractice Settlements and Insurance Bad Faith
In a comment on Overlawyered, Ted Frank points to his draft paper (with Marie Gryphon), Negotiating in the Shadow of ‘Bad Faith’ Refusal to Settle: A Game Theory Model of Medical Malpractice Pre-Trial...
View ArticleMedical Malpractice “Demonstration Programs” In The Senate’s Health Care...
Overlawyered passes along a misleading description of the "tort reform" provisions in the Senate health care bill from an anonymous Capitol Hill source: The “tort reform” section of Senator Reid’s...
View ArticleTexas Lowers The Medical Malpractice Bar Again, Tries To Imprison Nurses For...
All the signs were there: [Dr. Rolando G. Arafiles Jr. had] a pattern of improper prescribing and surgical procedures — including a failed skin graft that Dr. Arafiles performed in the emergency room,...
View ArticleNo Surprise: Hospital Refuses To Apologize To Pediatrician For Obstetrical...
Tricia Pil, M.D., is a pediatrician and a mother, with a terrible story to tell at Kevin, M.D.: This is the true story of a hospitalization as told from three points of view: first, the recollections...
View ArticleThe Economic Damage Caused By Medical Malpractice Dwarfs The Cost Of Lawsuits
I’ve posted many times before about the economic realities of medical malpractice liability. Via The Pop Tort, a new study commissioned by the the Society of Actuaries has revealed the economic cost of...
View ArticleWalking The Line In Medical Malpractice Cases: New Jersey Appellate Division...
Some of the largest cases involve medical malpractice cerebral palsy. A recent medical malpractice case from the bought-yourself-an-appeal department: Citing multiple trial errors, a New Jersey appeals...
View ArticleThe Truth About Those Blockbuster Birth Injury / Obstetrical Malpractice Jury...
Of the over one million people injured or killed annually by preventable medical malpractice, only a fraction have their claims reviewed by the legal system. We can’t be sure how small that fraction is...
View ArticleNew Medical Malpractice “Tort Reform” Just Another Pack of Lies
Insurance-Funded Congressional Representatives Again Try To Deny Justice For Patients Injured By Medical Malpractice Some bad ideas just will not go away. A few days ago The Pop Tort noted that the...
View ArticleIt’s Legal Malpractice Not To Sue Hospital Residents For Medical Malpractice
It may sound strange coming from me, but I don’t like suing people, particularly not in personal injury or professional liability actions where the real target of the suit is not even the company that...
View ArticleMedical Malpractice Filings in Pennsylvania Are Dwindling, Taking Civil...
Today’s Legal Intelligencer tells us what we already know: in Pennsylvania and New Jersey, patients’ right to compensation for injuries caused by medical malpractice is dying. Not a quick death, mind...
View ArticleNEJM Study On Malpractice Risk By Physician Specialty
The New England Journal of Medicine released a new study in today’s issue, Malpractice Risk According to Physician Specialty, which concluded: There are few recent estimates on the likelihood of...
View ArticleAnesthesia Complications In Routine Surgery
The lines between conscious sedation, monitored anesthesia care, general anesthesia, and life-threatening central nervous system depression are blurry and thin. As the death of Michael Jackson and...
View ArticleWhen Will Hospitals Learn How To Use Heparin?
Heparin is one of the most basic medicines used in medicine, the primary anticoagulant used by hospitals, which is why it’s part of the World Health Organization’s List of Essential Medicines. But...
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