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 […]
I’ve been writing about how peer review privilege encourages medical error for years now. But it keeps coming up in the news. It’s almost like nobody in charge listens to trial lawyers. lol. The false premise that secrecy encourages patient safety measures at any level of hospital administration is a myth that should not be […]
Here is a link to my experience with product liability litigation. wdeft Practice Area: Product Liability Product liability applies to over the counter medicines like Tylenol as well as prescribed pharmaceuticals. Here is a story on a recent OTC laxative recall. Vi-Jon issued a recall a few weeks ago for various laxative products, warning that […]
The system for getting donated kidneys, livers and hearts to desperately ill patients relies on out-of-date technology thathas crashed for hours at a time and has never been audited by federal officials for security weaknesses or other serious flaws, according to a confidential government review obtained by The Washington Post. If you ever wondered, yeah, […]
Since 1988 when I began practicing, special interests have been promoting and manipulating pre-suit screening rules in medical malpractice cases to make filing lawsuits against hospitals and doctors more and more difficult. The result is like a treacherous mountain range mauled by giant earth-moving machines, with trails and paths that constantly shift and change. Getting […]
The recall, which covers some 2021 model year Ford Expedition and Lincoln Navigator vehicles, was prompted as an engine compartment fire could occur while the car is parked or being driven, even with the ignition off, the No. 2 U.S. automaker said. The story is here: Ford Recalls 39,000 U.S. SUVs After Engine Fire Reports […]
The story on the case of Louisiana v. American Rivers in the Environmental Law Institute is here: Justice Thomas and Shadow Docket Abuse By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable […]
In the late 1980s, the Florida legislature set up a regulatory scheme to immunize doctors and hospitals by locking Florida courthouse doors to the families of some children who suffer severe brain damage during birth. All government programs get an acronym and the acronym for this burden-shifting agency is NICA (The Florida Birth-Related Neurological Injury […]
Marketing can cover a lot of warts. Meanwhile, in the real world, people behave in line with our experience and the incentives put in front of them, even where it conflicts with what we know to be right and wrong. From the NYT, Mr. Williams said a State Farm claims adjuster told him that she […]
Convicted doctors argued their appeal in the United States Supreme Court the other day. At issue are jury instructions given in their case and the standard imposed by the trial court. For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for […]
