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Our Blog - Medical Malpractice

04/21/2011 - 13:49

 

Over the course of more than two years in a rural West Texas town, a new doctor routinely and systematically misdiagnosed patients, performed improper surgeries, and attempted to pass off homeopathic cures as legitimate medicine, according to an expose that ran last month in the Texas Observer. When two nurses spoke out against the doctor’s ostensibly negligent behavior and apparent lack of basic medical knowledge, they lost their jobs and were shunned in their community. One of the nurses was even criminally prosecuted...


02/28/2011 - 14:47

In Flatbush, Brooklyn, hospital workers exposed newborn premature babies to extensive and repeated unnecessary radiation, according to a New York Times exposé published today. As is often the case, a state investigation into the alleged activity at the SUNY Downstate Medical Center was prompted not by self-reporting by the hospital but by the investigate efforts of the press.

In order to practice law, attorneys are required to participate in Continuing Legal Education seminars to keep abreast of developments in their areas of practice. No such requirement exists, however, for radiologists responsible for operating dangerous...


02/08/2011 - 14:56

The new documentary “Hot Coffee” tells stories about ordinary people who have been hurt by tort reform and the arbitrary capping of damages in personal injury claims. Benedict Morelli and David Ratner blogged about the film earlier, but I’d like to share another news clip about the film, where journalist Amy Goodman interviews a family affected by serious medical malpractice.

The interview with Lisa and Mike Gourley is both moving and informative, as they explain how one of their sons was born...


02/01/2011 - 15:52

Major media in the U.S. tend to frame medical malpractice “tort reform” as a battle between doctors and lawyers. There’s some truth to that - many doctors understandably support efforts to make themselves immune from wrongful death lawsuits and the like. But if you follow the money, the big funders and major financial beneficiaries of medical malpractice tort reform are not doctors but insurance companies.

In states where tort reform has been on the table, medical associations have argued that capping damages on malpractice lawsuits was necessary to lower malpractice liability insurance rates. Now, several years into these experiments, we’re learning that insurance rates have been largely unaffected by tort...


12/03/2010 - 09:56

In late October, Peter Orszag - an economist and former director of the White House’s Office of Management and Budget - wrote an opinion piece for the New York Times advocating a new way to shield doctors from medical malpractice liability. Orszag proposes creating new professional safety guidelines for doctors to follow. The idea is that practicing medicine according to these “evidence-based” guidelines would then give doctors “immunity” to medical malpractice lawsuits.

Of course, writing policy based on evidence is hardly something anyone can disagree with in general, but the absence of any specific...



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