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Monthly Archives: April 2011
April 28, 2011
Legal Roundup
The Pop Tort calls it for what it is. It’s not “tort reform”; it’s a license to do harm. Frank Pasquale with a great post showing how the “elite consensus” that we can’t afford Medicare and Medicaid should not be taken at face value. Although he does not post as regularly as some bloggers, Pasquale [...]
Posted in Uncategorized
April 25, 2011
The Two Ways Better Databases Would Drive Down Health Care Costs
As we’ve blogged about a great deal here, the costs of medical malpractice don’t amount to a hill of a beans when we’re talking about the costs of health care generally. According to the journal Health Affairs, the direct costs of medical malpractice (insurance company payouts, payments to medical malpractice defense lawyers) and the indirect [...]
Posted in Medical Malpractice
April 25, 2011
Hospital Disciplines Doctor Who Allegedly Performed Unnecessary Spinal Fusion Surgeries
It was only a matter of time. With The Wall Street Journal uncovering eyebrow-raising increases in spinal fusion surgeries in its “Secrets of the System” series of investigative reports, and The New York Times running stories on back surgeons receiving kickbacks from medical device manufacturers, sooner or later an orthopedic surgeon was going to be [...]
Posted in Medical Malpractice
April 22, 2011
Lawyers Have Made Cars So Safe That There Are Now More Suicide Deaths Than Car Accident Deaths
NHTSA just announced the number of US traffic deaths for 2010 and it was staggeringly low – 32,788. There are fewer traffic deaths now than there were in 1949, despite the fact that we drive a lot more. In fact, we drove 28.5 billion more miles in 2010 than we did in 2009, when deaths [...]
Posted in Car Accident, Car Crash
April 21, 2011
Lawyers Are Not Funny, But This Worker’s Comp Opinion Is Possibly The Funniest Judicial Opinion Ever*
Lawyers are not a funny bunch. And the judicial opinions authored by the lawyers who wear black robes tend to be especially devoid of humor. A couple of months ago, Supreme Court reporter Dahlia Lithwick wrote a Slate article asking, “Is John Roberts the funniest Supreme Court justice ever?” Lithwick answered that question in the [...]
Posted in Worker's Compensation
April 20, 2011
Someday A Legal Blog Will Win A Pulitzer Prize
As Professor Pasquale notes over at the Concurring Opinions blog, the award of a Pulitzer prize to the ProPublica website for its series of stories on Wall Street corruption marked a historical first: the first time the Pulitzer committee ever awarded a Pulitzer for stories that never appeared in print. The ProPublica series, “The Wall [...]
Posted in Uncategorized
April 14, 2011
New Research Suggests Justice Really Is What The Judge (And Jury) Had For Breakfast. So What Do We Do About It?
We’ve all heard the old adage, “Justice is what the judge ate for breakfast.” The maxim is actually attributed to a famous jurist – Jerome Frank – but I’ve always tended to write it off as overly cynical. Judges, at least here in Massachusetts, are among the most competent and conscientious of public servants. By [...]
Posted in Uncategorized
April 11, 2011
Legal News Roundup
New York state is going to eliminate parents’ right to sue doctors who injure their children. Professor Bernabe has the grotesque story here. The PopTort reports on a new Health Affairs study showing that medical errors are ten times more frequent than we thought and occur in one-third of hospital admissions. Massachusetts Lawyers Weekly runs [...]
Posted in Uncategorized
April 1, 2011
The New Social Science Of Group IQ And How It Applies In The Operating Room
David Brooks, The New York Times columnist, recently revived his blog, which you can find here. It’s a great aggregator of new results in cognitive psychology. Anyway, in poring through some of his older posts, I came across this discussion of the concept of group IQ. It’s a concept that’s been around for some time, [...]
Posted in Medical Malpractice

