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Monthly Archives: October 2010
October 24, 2010
“Evidence-Based” Medical Malpractice Guidelines: Peter Orzag’s Modest Proposal
This week an op-ed by former White House budget director Peter Orzag ran in The New York Times. The piece called for immunity for doctors in medical malpractice lawsuits if the doctor followed a set of specified “evidence-based guidelines” for treatment. Orzag is a pretty talented number cruncher and budget maven but the proposal is [...]
Posted in Medical Malpractice
October 24, 2010
From Around The Legal Blogosphere
Professor Alberto Bernabe agrees with my assessment of the CVS inhaler situation: there would be no duty under the common law. Prof Bernabe also provides a link to some musings by Jonathan Turley about the tort defenses available to someone who forcefully took an inhaler from the pharmacy to help the woman. Professor Bernabe also [...]
Posted in Uncategorized
October 16, 2010
Babies Drowning In Puddles, CVS Pharmacists And Duties Of Care
Having studied philosophy as an undergraduate, I remember arriving at law school and quickly being disabused of the idea that my law school experience would be something akin to “The Paper Chase,” with imperious law professors kicking about mind-wracking hypotheticals. I think I learned this sometime in the first week of my first-year torts class, [...]
Posted in Tort Reform
October 4, 2010
Medical Malpractice Lawsuits: A Red Herring In The Health Care Debate
Courtesy of Alex Tabarrok, I had my attention drawn to a great series of blog posts by Austin Frank and Aaron Carroll, over at The Incidental Economist, on the subject of, “What Makes The US Health Care System So Expensive?” As Carroll noted in his initial post on the topic, part of the explanation for [...]
Posted in Medical Malpractice
October 4, 2010
The Health Care Mystery of Grand Junction, CO
If you set the time machine to “Way Back,” you may remember a blog post of mine about Dr. Atul Gawande’s New Yorker article, “The Cost Conundrum: What a Texas Town Can Teach Us About Health Care.” If you recall, the article was about why McAllen, TX had the second highest per capita Medicare spending [...]
Posted in Medical Malpractice
