Peer Review Privilege is Built upon a Bogus Myth (Convince Me I’m Wrong)

The news (Trial Court Order Forcing Disclosure of Quality Assurance Materials Appealed) about the hospital lobby in Illinois (Chicago is home to the Joint Commission for the Accreditation of Hospitals that conducts “sentinel event reporting” on licensed hospitals nationally) filing a brief to block patient safety reports led me into my archives. I have written […]

Binding (it’s a noun and an adjective)

You packed your bags and all alone you wanna ride You don’t want nothing, don’t need no one by your side You’re walking tough, baby, but you’re walking blind To the ties that bind Glue and cloth, providing a strong cover that holds pages together. A chemical reaction, solidly joining like compounds. A fastener, combining […]

An Emergency Room Liability Primer

An emergency medicine physicians group has sued Envision Healthcare, the giant health care services company, alleging that it violated California laws barring corporations from practicing medicine when it took over staffing of the emergency department at Placentia-Linda Hospital in Placentia, California, in August. Doctors sue Envision Healthcare, say private equity-backed firm shouldn’t run ERs in California The […]

A New England Argument for Apologies (Do We Really Need a Law?)

The Case for “Apology Laws” in Healthcare One of the biggest arguments against an apology law is that when negligence occurs healthcare professionals should be held accountable. However, this is not hindered by an apology law. All an apology law provides is the ability for a physician to apologize for an outcome, no matter the […]

California has had enough of the caps that protect bad doctors.

Opinion: Raise Old Caps On Medical Malpractice “Tort Reform” swept across the country during the ’80s. Pushed by heavy lobbying and promises of lower premiums from the insurance industry, States made it more and more challenging to pursue remedies against health care providers and obtain total and fair compensation. Most of us in the business […]

Communication Breakdown (The Theranos Trial)

Communication breakdown / Its always the same As the federal fraud trial against Theranos’ Elizabeth Holmes winds down, her lawyer argued a “fundamental disconnect” in the evidence. The charges revolve around Theranos’ blood testing devices. Holmes is charged with deliberately misleading investors from whom Theranos put together $700 Million in capital regarding the technology’s capability. […]

Judge Throws Out Purdue Pharma’s Deal to Shield Sacklers From Opioid Lawsuits

It is hard to explain how rarely a Judge rejects a settlement made voluntarily between the parties in an enormous and complex case on their docket. These cases can obstruct and upend an entire courthouse’s dockets and scheduling. There isn’t any question that this Judge was seriously offended by the special treatment given to the […]

Ouch. Mistakes Happen: Doc Does Vasectomy Instead of Circumcision, Patient Sues.

Mistake: Doc Does Vasectomy Instead of Circumcision, Patient Sues I remember a case when I did defense work where an ophthalmologic surgeon heard his nurse say “two and a quarter turns” of the eyeball when she actually said “two quarter turns” as she read the instructions for a procedure he had never before performed. The […]