The New York Personal Injury Law Blog brings you the week that was:
Let’s start with some pre-litigation issues:
The New York Medical Examiner, under the leadership of long time Chief Charles Hirsch, has rejected the September 11 attack as a cause of death for a 34 year-old retired cop that worked long hours on the pile. There is no lawsuit here, just parents that wants their son recognized as victim of the attack;
Dainius A. Drukteinis (M.D. and J.D.) discussed the legal issues presented when a consultant refuses the request of the ER doc, at NY Emergency Medicine;
Tort “reform” took center state at a Republican presidential debate. Overlawyered’s Walter Olson explains how Rudy Giuliani and Fred Thompson squared off against each other;
And since we’re on the subject, tort “reformers” like to blame lawyers for “defensive medicine” that increases health care costs, and sometimes the media picks up their talking points. But as Grunt Doc explains after Kevin, M.D. appears on a CBS Evening News report, there is often a reason for that “defensive” procedure;
Ed Van Dorn discusses what happened in New Hampshire after the state instituted a medical malpractice screening system. Did it result in an efficient, time and cost saving method of disposing of claims as tort “reformers” argued would happen? Or did it cause delay, delay, delay (as perhaps, they privately hoped);
Florida dismisses a case against a pharmacy from the family of a teen that OD’d on Oxycontin he got from his college roommate. The drugs had been stolen by a friend of the roommate, and the pharmacy had less than adequate security (via Overlawyered);
Beck/Herrmann discuss a law review article by TortsProf Bill Childs, and broach the subject of litigation driven scholarship. Bill adds some more thoughts at his own place;
Judge Richard Posner tackles Should Hosts Be Liable for Serving Liquor to Guests Who Cause Accidents While Driving under the Influence? The response comes from his co-blogger, Prof. Gary Becker;
Cardiologist Dr. Wes has some thoughts on a recall by heart defibrillator maker Medtronics, due to concerns the lead may tear inside the body: As the advertising by attorneys heats up:
The Newark Star-Ledger has a piece on one of my pet issues: Fake medicine, real problem (via Pharmalot). Why is it a pet issue? Y0u can read the counterfeit drug resource page at my firm’s website or click on counterfeit drugs in the sidebar here;
From today’s New York Daily News:
A bogus Brooklyn dentist dumped a 71-year-old woman onto the curb like garbage after she began foaming at the mouth and lost consciousness in his chair, police said Thursday.
Zagat’s is now rating doctors. Can attorneys be far behind?
And in to litigation we go:
From the Celebrity Lawsuit Department: Tennessee Titans Pacman Jones has been sued for a shooting outside Vegas strip club, according to John Day; Is a Kid Rock lawsuit far behind?
Tainted food guru Bill Marler is no doubt exceptionally busy these days with the outbreaks of eColi. But that doesn’t stop him from blogging, in this case regarding the New York Times article on the problems at Topps;
Medical malpractice suits against cruise lines are getting tossed out with some regularity, according to the Wall Street Journal, based on assertions that the cruise ship doctor is not a crew member, but an independent contractor. And since the doctor is not usually American and the malpractice occurred on the high seas, they must be sued in their own country, and often can’t be found leaving the victim without any recourse (W$J, ABA Journal synopsis);
Award winning blogger Matt Lerner at New York Civil Law examines the liability issues of a common carrier in New York, as New York’s high court rules on the subject;
The Maryland high court tossed out a case by a powerlifter that was injured trying to hoist 530 pounds. At issue, Ronald Miller explains, was the relationship between the concept of assumption of risk for sporting activities, and the allegations that the spotters were negligently trained;
A $30M medical malpractice case was tossed out by a 5-1 majority of the Ohio Supreme Court, due to the conduct of “famously obnoxious” attorney Geoffrey Fieger (via TortsProf);
Ted Frank at Point of Law has a piece on jurors in long trials v. short trials. While his synopsis of a recent study probably won’t come as too much of a surprise, it is worth the look;
Settlements are often tricky in personal injury cases, as it is not easy to place a value on an individual’s pain and suffering. A new service, according to Ron Miller and Evan Schaeffer, tries to assist.
And finally:
- David Maister hosts Blawg Review #131;
- Blawg Review hosts Carnival of the Capitalists #211, the longest continuing floating carnival in existence;
- Insurance and law meet up in the Cavalcade of Risk, at Hill’s Personal Finance;
- Anne Reed has a very scary post about how we pick politicians by the look on their faces, and that has ramifications for jury selection;
- Scott Greenfield follows up on the ironic efforts of Dozier Internet Law to protect their clients, when its ludicrous legal claims become fodder for discussion;
- And finally, are you using animation or medical illustrations in your trials? If not, why? Video link from Street Anatomy via Kevin, M.D.
