Recently in Tort Reformers Category

Replacing Intersections With Roundabouts Reduces Accidents Forty Percent

For years, traffic safety experts have been big boosters of the idea of replacing intersections with roundabouts (or as we call them here in Massachusetts “rotaries”). Now, as the BBC reports, the idea is finally catching on in America. For those of us whose first thought of a roundabout is Chevy Chase exclaiming, “Look kids, [...]

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Also posted in Car Accident, Car Crash, Motorcycle Accidents

“Hot Coffee” Deserves An Oscar

So I cleared the decks tonight to be able to watch the HBO debut of “Hot Coffee,” the documentary about the dark side of tort reform that’s being talked about everywhere – from The New York Times (where our friends at AbnormalUse got a shout out) to the legal blogosphere (see here, here, here, and [...]

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Ted Frank’s Bold Gamble And His Scandalous Lack Of Faith In The Efficiency Of Markets

I have rarely been bowled out of my seat reading a legal blog post quite so much as I was this week, when I came across a post at The Wall Street Journal‘s law blog announcing that tort reform advocate Ted Frank was making a bold and risky stock market play. Frank was betting 10 [...]

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Medical Malpractice And Car Accidents: A Tale Of Two Public Health Problems

In 2009, 33,963 Americans died in car accidents. 100,000 Americans are killed each year by medical errors. Given the large number of lives lost to both medical malpractice and car accidents, both qualify as important public health problems. But while we are making strides in reducing the number of lives lost in car accidents, a [...]

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Also posted in Car Accident, Car Crash, Medical Malpractice

Medicare’s Dialysis Program: An Illustration Of Why US Health Care Costs Are So High

Over the past month an article written by Robin Fields and originally printed in Pro Publica has attracted a great deal of attention and earned a reprint in The Atlantic. The article, about Medicare’s dialysis benefit, illustrates the problems at the heart of much of American health care. In 1973, faced with the specter of [...]

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Also posted in Medical Malpractice

Does Who Pays For Your Surgery Determine If You Survive?

Over the past week or so, National Review‘s Avik Roy has kicked off a bit of a blogospheric firestorm with his posts on a journal article published in the latest edition of the Annals of Surgery entitled “Primary Payer Status Affects Mortality for Major Surgical Operations.” The article analyzes the surgical outcomes of 839, 658 [...]

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Also posted in Medical Malpractice

A Thank You To My Legal Blogging Brethren

Due to a vacation that I took and assorted demands of my practice, I haven’t blogged much this month. Bereft of ideas after being out-of-contact with the blogosphere over my vacation, I decided to cast about my favorite legal blogs for inspiration. You can imagine my surprise when, upon clicking on my first bookmark – [...]

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On Uncontrolled Acceleration And Black Boxes

Last week, big business shill Theodore H. Frank wrote an op-ed drawing on data from a Los Angeles Times article reviewing the fifty-six fatalities attributed to sudden uncontrolled acceleration problems with Toyotas. Frank noted that, in about half of the car crashes, the driver’s age could be ascertained from the LAT‘s compilation and the ages [...]

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Also posted in Car Accident, Car Crash, Product Recall

What Medical Malpractice Lawyers And Hedge Fund Managers Have In Common

I’m currently reading Michael Lewis’ new book The Big Short: Inside The Doomsday Machine, about the subprime mortgage collapse. (Side note: while I was happy to see Sandra Bullock win an Oscar the other night for her role in the movie production of Lewis’ book The Blind Side, where was the Oscar nom for Tim [...]

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Also posted in Medical Malpractice

Just Be Glad You Live In Massachusetts

OK, so unless you’ve been living under a rock, you’ve heard countless stories about the massive global Toyota recall for problems with sudden uncontrolled acceleration. Millions of cars have been recalled in the US and Europe. Now guess how many Toyota cars have been recalled in the company’s home country of Japan. Just try and [...]

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Also posted in Car Accident, Car Crash, Product Recall