November 25th, 2008

Cops With Nothing Better To Do

So there I was reading the paper in court this morning and I saw this great story on the front page of the New York Times about the Santa Monica police busting people for exercising on the median of a popular roadway (Where the Traffic Median Is a No-Pilates Zone).

Why are the health nuts congregating there? From the Times:

The ocean view, the air and for some the architectural spectacle have transformed the area into a huge outdoor gym rimmed by multimillion-dollar homes.

And how much time and effort are being spent on this little project? Back to the Times:

Since the patrols began, the city has issued eight citations for the flouting of the median law — the fine is $158 — and has given warnings, which are generally heeded, to about 600 people a month.

Of course, not everyone feels like complying with the orders of the cops, no matter how many of them patrol the area, so that means legal challenges. And more costs.

Now the last time I checked, we had two wars going. Our economy is in the stinker. State governments from sea to shining sea are facing massive cutbacks due to a sudden drop in tax receipts.

And the the good folks out in Santa Monica are busting folks for acting healthy.

 

November 24th, 2008

I’m Hosting Blawg Review Next Week

‘Tis that time again for me to host Blawg Review. So while you folks stuff yourself with stuffing this week, I’ll be cooped up in the home office, ignoring my family and trying to cobble together the best of the legal blogosphere for a short week.

So spare me some hard work and pouty faces from the kids and another kind of face from my wife and write something brilliant. And then let me know. You can submit your post (or those of another equally brilliant blogger, though I know no one can really be your equal at this blogging biz) at this link, or by emailing it to post [at] BlawgReview [dot] com.

And it’s important to note that, just as with my marathon blawg review last year, the theme will not be personal injury law. This will be a free-range review in which I’ll be able to get any subject in, so long as it’s interesting. It’s also important to note that this blawg review will be shorter than the marathon one. Not only because it couldn’t possibly be longer, but because only three of you actually read to the end of the marathon one, which was a shame because I hid lots of good stuff at the end and you never read it.

Remember that I’ll have little to work with unless you write, unlike that lucky stiff Joshua Fruchter from Lawyer Casting who did an evolutionary Blawg Review #187 this week. As you can see from his, he had tons to work with.

But I do have a theme. It’s just that it’s top secret and I can’t tell you what it is (unless your initials are BHO and you happen to be making headlines, or if your initials are GWB and you’ve authorized me to be tortured, in which case I promise to fold as quickly as the chair I’ll be sitting in Thursday). For the theme is not only like Winston Churchill’s riddle, wrapped in a mystery, inside an enigma but it’s also stuffed inside a turducken heading for the deep-fryer. It’s my way of keeping the lid on it.

But I do hope that once it’s over you can safely pass the word of its brilliance and warble to your fellow man (or woman, it’s a figure of speech, deal with it), that you can get anything you want at this week’s Blawg Review.

 

November 23rd, 2008

Defensive Medicine or Medical Greed? (Volume Business in Liver Transplants)


When medical care costs go up, tort “reformers” love to scream “defensive medicine” and blame medical malpractice attorneys for the rising costs. All those unnecessary tests, they rationalize, must be due to the doctors’ fear of being sued.

Except, of course that there are other reasons for unnecessary tests. Like greed. Because doctors and hospitals, for example, gets paid more money for more surgeries. Expensive surgeries.

And so comes this story in the Wall Street Journal (Doing a Volume Business in Liver Transplants), not exactly a friend to consumer groups, about the University of Pittsburgh Medical Center and the way they increased their liver transplant business. They had once been leader in the field, lost it, and sought to reclaim it by hiring Amadeo Marcos, a transplant surgeon who promised to double the number of liver transplants the hospital did.

And he did do that. But it came at a price. In order to get all those transplants done, they had to change the rules about which patients get them and where the livers come from. From the WSJ article:

To overcome a perennial shortage of organs, he used more livers from older donors. He transplanted some of these into relatively healthy patients for whom the risk-reward calculation was less certain. He used partial livers from living donors, and then understated complications from the controversial procedure.

It’s worth noting here that, while the hospital is ostensibly a non-profit and therefore evades most taxes, it’s mucky-mucks don’t treat themselves that way:

Its chief executive, Jeffrey Romoff, earned $4 million in the fiscal year ended June 30, 2007, and 13 other employees earned in the roughly $1 million to $2 million range. For their transportation, UPMC leases a corporate jet. Earlier this year, UPMC relocated its headquarters into Pittsburgh’s tallest skyscraper, the 62-story U.S. Steel Tower.

How much is a transplant? About $400,000-$500,000. There’s a lot of money is those livers, if one only knows how to mine them.

According to two doctors that worked with Dr. Marcos:

Dr. Marcos put some of these organs into patients who were in the early stages of liver disease, say Dr. Fung and Howard Doyle, who then worked in UPMC’s transplant intensive-care unit. These were patients, they say, who sometimes didn’t need a transplant.

“For the first time in years, we had people dying on the operating table or in the ICU,” says Dr. Doyle, now director of surgical critical care at Montefiore Medical Center in New York. At times, according to him, patients healthy enough to walk into the hospital before being transplanted died “because they had a high-risk liver put into them.”

Next week, or perhaps the week after, there will be yet another report, someplace, somewhere, about the high cost of medicine, and someone will scream “blame the lawyers” and this story will be forgotten.
————————————-

Hat tip to Kevin, M.D. (“This is revenue-driven medicine at its extreme”).

Another synopsis (if you don’t get WSJ) by Buckeye Surgeon Dr. Jeffrey Parks at Transplants Run Wild. He has this nugget, but the whole post is worth reading:

Well, it became evident that Dr Marcos was putting bad livers in patients who weren’t that sick. Let’s say your patient is number 25 on the MELD list. A liver becomes available. But it’s a bad liver (old patient, prolonged ischemic insult prior to harvest, steatotic, etc) and transplant surgeons representing patients 1-24 on the list have all turned it down. It’s a terrible liver, they say. Odds are, it won’t work all that well. Your patient isn’t that sick. In fact, said patient is living independently at home and was buying groceries for her family when you called her to tell her a liver was available. Nevertheless, you book her for the OR that night and stick that liver in her anyway.

 

November 21st, 2008

Linkworthy

So how would you do as an election lawyer? Take this test by looking at actual ballots in the Norm Coleman/Al Franken Senate race to see if you can determine the intent of the voter (hat tip, Election Law Blog). And would you have given the OK to my own handwritten ballot?

Lying to your insurance company about an accident could invalidate your coverage. New York’s Coverage Counsel blog has the details;

What does Eric Holder as Attorney General mean for the civil justice system? Kia Franklin tries to answer that at TortDeform;

I never knew attorney Doug Tinker, but his obituary starts like this (via Minor Wisdom):

Douglas Tinker died on November 10, 2008. He wore out, he bit the dust, he dropped off the twig, he lost his last appeal. He was frustrated that he could not stay longer as he thought there might be just a bit more marrow in the bone of life, but in the end he was ok with it.

TortsProf has the Personal Injury Law Round-Up; and

Blawg Review #186 is up at the Res Ipsa Blog, which I think pretty much speaks for itself.