AP: Tesla 2023 Recall

“This technology is not safe, we have to get it off the road,” said Angulo, who is suing Tesla as he recovers from injuries that included brain trauma and broken bones. “The government has to do something about it. We can’t be experimenting like this.”

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Levidow Levidow & Oberman PC and its attorney Steven Schwartz told a New York federal court that they are “truly mortified” over submitting a brief produced by generative artificial intelligence tool ChatGPT, which cited fake cases, and asked not to be sanctioned over the mistake.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1686237?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-08&nlsidx=0&nlaidx=0?copied=1

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The OR Black Box system, which was developed by  Surgical Safety Technologies (SST), consists of sensors and software that record video, audio, patient vital signs, and data from surgical devices. It provides multiple perspectives on an operation rather than just relying on team members’ memories. The system analyzes data and creates graphs, comments, timelines, videos, and audio claps for hospital personnel.

Here’s the link:

OR ‘black boxes’: How hospitals are borrowing from airplane technology

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Patients need to understand the risks and potential problems associated with telehealth visits to avoid additional injuries. Medical malpractice can become more of a danger than ever.

UNDERSTANDING TELEHEALTH AND THE RISKS OF MEDICAL MALPRACTICE

I had a case involving teleradiology services provided to an internal medicine practice from hundreds of miles away. The level of communication between the offices was almost non-existent. Informed consumers and educated clients are our goal here.

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It offers insights and ideas to abstract questions and truly shows that AI has a place in the future. I asked ChatGPT what it thought the future and limitations of AI would be in medicine, and here is what it told me …”

That’s the how one doctor begins an article on how artificial intelligence may be applied to medical care and treatment. From driving cars to navigating the internet, artificial intelligence is everywhere. I posted last week about the robot lawyers who’ve been shut down. The medical community (insurance companies, doctors, hospitals, clinics, nurses, and other providers) is going to have to deal with the same issues.

You can find the article here.

The future of medicine is now: AI’s role in diagnostics and treatment

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A link to the NEJM article on the Mayo / Medtronic study is below:

Efficacy and Safety of an Extravascular Implantable Cardioverter–Defibrillator

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On the heels of the Palin (win for the Defendant NYT) and Depp (win for the Plaintiff) defamation cases, comes a case that could bankrupt Fox News Corp. if it goes to trial. That kind of accountability – the kind that could alter the global media landscape – will be interesting to watch.

Here is a link to the story:

Dominion Suit Against Fox Proceeds Toward A Trial Date

And here are links to my posts on defamation claims and how they worked out in the Palin and Depp trials.

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Now, that Judge is facing a complaint.

Decorum is a real thing and it runs both ways. If you are a trial lawyer, you’ve danced this dance with a judge. You don’t win every argument and sometimes things get heated as you try to preserve your record. Judges are human and get tired of lawyers going on and trying to take control of their room. I know I’ve angered jurists and I’ve probably gone over the line a time or two. During a heated deposition of a defense expert witness psychiatrist in a med mal case, I was threatened by the witness with involuntary commitment in Louisiana – probably insane proceedings that would have been governed by the Napoleonic Code. I escaped that awkward interlude and ate turtle soup at Galatoire’s that night. Reveling in my just threatened freedom that night, I enjoyed the French Quarter more than I ever have. Sometimes, decorum is over rated.

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Specialty services were not available for weeks and required a three-hour drive (each way). We got that consultation done Monday and the MRI helped us identify a bone infection that can be cleared up with a long course of antibiotics. Along with temporary prednisone, this has Eddy back on his feet. We are expecting a full recovery. He’s 12 and the high cost of all this care will be well worth it. I watched him resting comfortably at my feet this morning for the first time in almost a month and it made me feel tremendously blessed.

Also, it felt good to get out of town … Chuck Taylors and out of my own head for a few hours … and away from work. Contributing to the wellness of someone beloved in your family is a privilege, not a burden.

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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.

Downey told the jury that the government’s fixation on the shortcomings of early versions of the devices misses the point that Holmes was courting investors who were looking to hold onto shares for five or 10 years by telling them what she aspired to accomplish when the machines were fully developed.

“She believed she was building a technology that would change the world,” Downey said, adding that she’d sacrificed her youth, friends and family relationships to make Theranos successful.

Words matter. They matter when corporate officers are chasing higher stock prices. And they matter in a courtroom. Theranos’ technology never lived up to the hype, but that by itself doesn’t decide Elizabeth Holmes’ journey from the penthouse to the pavement.

In February 2015, a Stanford professor wrote in the Journal of the American Medical Association that Theranos had no published peer-reviewed reports on its technology – a rarity for companies with similar breakthroughs. In October 2015, The Wall Street Journal reported that Theranos was running tests on traditional blood testing machines because the company’s Edison machines provided inaccurate results. A 60 Minutes investigative piece on the growing controversy followed – an ominous harbinger.

Artists on the edge of a stage are trying to communicate with their audience. It doesn’t always work. Art either rings true, or it does not. I’d argue that it seldom works at best. But there are moments where the veil drops – the thin tissue separating the art from the audience. It can fall when the words are right. Holmes’ lawyers and the Prosecution will try to pierce that veil to reach an understanding with the jury.

As with all trials, one side will have a communication breakdown.

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