When Public Clinics Make Medical Mistakes …

The challenge of litigating your claim against a Federally managed clinic is real. Immunities can apply to doctors and other individual healthcare providers – or they may not. Investigating the differences could be ‘make or break’ for your case. Choose your lawyer carefully. Here’s the story from the Kaiser news outlet. When Malpractice Occurs at […]

Pro-Tip: Try To Avoid Having To Call The Judge Minutes Into A Deposition

It happens. I get it. But when the witness has taken “less than her normal dose of painkillers” to get through the deposition, there are ways around that problem other than asking a Federal judge to treat it as an emergency. I don’t know if it is rule number one, but it is certainly top […]

Yes, The Onion’s SCOTUS Brief Is Hysterical. And Brilliant.

The Onion is the world’s leading news publication, offering highly acclaimed, universally revered coverage of breaking national, international, and local news events. Rising from its humble beginnings as a print newspaper in 1756, The Onion now enjoys a daily readership of 4.3 trillion and has grown into the single most powerful and influential organization in […]

Heavy Horses

Watching the pomp and circumstance surrounding Queen Elizabeth II’s funeral provoked conflicting emotions. On the one hand, the monarchy is ridiculous and offensive to American notions of freedom. I watch the story of the UK hiring out King Charles 3’s ironing of his shoelaces and putting of the toothpaste on his brush with horror. Hence, […]

More Opioid Settlements

From New Hampshire’s DOJ: In 2018, the state filed a complaint against J&J, alleging the company misrepresented their opioids as safer than other alternatives in their aggressive marketing campaign to prescribers and patients in New Hampshire. The state further alleged that J&J misrepresented their opioids as rarely addictive, negligently promoted the concept of pseudoaddiction, and […]

Unnecessary Medical Tests Are #QualityFraud

DOJ pursues billing fraud cases. In some cases, the patients did not know what they were being tested for. TRICARE beneficiaries were enticed to provide urine or saliva specimens in exchange for $50 gift cards. Evidence at trial demonstrated that Rao was paid in exchange for signing off on medically unnecessary and repetitive toxicology and […]

A Health Care Cost Price Comparison Tool From CMS

I have written a lot on this blog about “quality fraud” and how the opaque nature of medical expenses and insurance drives up the cost of care. In the US, we overpay for care based upon the quality of services delivered. Some of the increased cost comes in the form of medical error kept confidential […]

Leviathan: “… if they refuse to hear proof, refuse to do justice.”

For all judges, sovereign and subordinate, if they refuse to hear proof, refuse to do justice: for though the sentence be just, yet the Judges that condemn without hearing the proofs offered are unjust judges and their presumption is but prejudice…In like manner, in ordinary trials of right, twelve men of the common people are […]