Monthly Archives: June 2010

Maybe “Defensive Medicine” Is Simply The Kind Of Medicine You’d Want Your Doctor To Practice?

I’ve blogged a lot about the claim that medical malpractice lawsuits force doctors to practice “defensive medicine” – that is, to order unnecessary tests and procedures to protect themselves in malpractice lawsuits. I’ve also blogged about empirical evidence suggesting that doctors’ performing “unnecessary” tests and procedures may be due to the financial incentives that they [...]

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Posted in Medical Malpractice

More Than Two Million Drop-Side Cribs Recalled

In cooperation with the Consumer Product Safety Commission, seven crib manufacturers announced today that they are recalling more than two million drop-side cribs. A drop-side crib is simply a crib in which one side of the crib raises and lowers in an up-and-down fashion, making it easier to place an infant in the crib or [...]

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Posted in Dangerous and Defective Products, Products Liability, Wrongful Death

Proposed New Regulations Would Require More Supervision Of Medical Residents

A couple weeks ago, I blogged about how July is the month when most medication errors occur in hospitals, most likely because July is the month when new doctors begin their residencies. This week comes news that the Accreditation Council for Graduate Medical Education is proposing new regulations mandating closer supervision of residents by more [...]

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Posted in Medical Malpractice

Massachusetts House Approves Texting While Driving Ban

With this week’s approval of a bill in the Massachusetts House that would ban texting while driving, Massachusetts is poised to become the twenty-ninth state to impose such a ban. Why it took Massachusetts so long to get a texting ban passed is almost beyond comprehension. The cell phone companies are not lobbying against these [...]

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Posted in Car Accident, Car Crash, Motorcycle Accidents, Truck Accidents

Study Reveals More Than Half Of Pediatricians Make At Least One Diagnostic Error A Month

A new study, published in the July issue of the journal Pediatrics reveals that more than half of pediatricians responding to an anonymous survey admitted to making at least one misdiagnosis a month. Slightly less than half the doctors also admitted that they make at least one mistake a year that results in harm to [...]

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Posted in Medical Malpractice

Numbers In Context: A Fill-In-The-Blank Blog Post On Medical Malpractice

This week Overlawyered featured a blog post entitled “Malpractice Systems In Other Countries” that linked to an American Medical News article on the costs of medical malpractice litigation in the United States. The Am Med News article suggests that the American medical malpractice system contains, “flaws that make the U.S. medical liability landscape more expensive [...]

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Posted in Medical Malpractice

Study Shows That Massachusetts Personal Injury Plaintiffs Are Losing Vast Majority Of Trials: Is That A Problem, And What’s The Solution?

Massachusetts Lawyers Weekly reports in its June 14, 2010 issue that personal injury plaintiffs lost in the vast majority of cases tried in Massachusetts courts in 2009. Under Mass Lawyers Weekly’s rather generous methodology, a “win” for a plaintiff was defined as a case in which the plaintiff received any money at all, even if [...]

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Posted in Car Accident, Medical Malpractice, Motorcycle Accidents, Truck Accidents

The $28 Million Nursing Home Verdict: The Law And The Public Policy

Last week, I blogged about how Pointoflaw, a tort reform website run by the Manhattan Institute think tank, misleadingly (to my mind) described a $28 million jury verdict against a nursing home. My post received the attention of Eric Turkewitz and his New York Personal Injury Law Blog, who included it in a link roundup. [...]

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Posted in Nursing Home Neglect, Tort Reform

Tort Reform And Epistemic Closure

There’s been a lot of talk in the political blogosphere lately about whether conservatism is suffering from “epistemic closure.” Epistemic closure is a term that has become shorthand for the closing of the conservative mind – the idea that conservatives are recycling the same ideas over and over when they should be inventing new policy [...]

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Posted in Tort Reform

Laconia Motorcycle Week (June 12-20, 2010) And The Myth Of Motorcycle Dangerousness

Each year more than a quarter million bikers descend on the Laconia/Weirs Beach area for the biggest motorcycle rally in the northeast. And each year, the event is preceded by dire media predictions of motorcycle accidents, property damage, and out-of-control revelry. Yet each year, the bikers pour millions of dollars into the local economy, ride [...]

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Posted in Motorcycle Accidents