Med Mal News

Doctor Who Treated with Botox Wins Suit

Dermatologist Arnold Klein and Allergan Inc., the manufacturer of Botox (the drug used to treat migraine headaches, and, off label, facial wrinkles), prevailed over the plaintiff in a medical malpractice and product liability suit brought against them by Irena Medavoy, wife of film producer Mike Medavoy. Mrs. Medavoy claimed in her suit that Dr. Klein treated her migraine headaches with Botox but failed to warn her that the drug could cause even more life-altering headaches. She asserted that she'd lost work because of the debilitating headaches brought on by the drug's use. The defense countered that she'd had these medical problems before she began using Botox and that, even after she claimed to have been incapacitated by the effects of the drug, she continued to attend Hollywood parties. The jury's verdict is the first reported decision in a case involving Botox.

Maryland Doctors Try New Gambit

Finding that their physician rally during the last legislative session had little or no impact on legislators who could push for tort reform in their state, Maryland's doctors plan this fall to enlist the help of their patients. They will be leaving pre-printed postcards in their offices for patients to pick up and mail to their legislators, saying “I am worried, and I vote.” The goal is to get the word out to legislators that not only are medical care providers concerned with rising malpractice insurance rates, their numerous voting patients are also worried that their health care options might be affected by insurance issues.

Doctors Look for Donations

The Washington Post reported in September that some physicians are asking their patients to voluntarily contribute money toward their rising malpractice insurance premiums. (Boodman, The Washington Post, 9/21/04). Although this may come in the form of a surcharge, many doctors who ask for payments that will pay their insurance costs characterize them as donations, not as a fee, because Medicare prohibits such charges. This latest tactic in the fight to stay afloat under the crushing weight of malpractice insurance premiums may backfire if patients, who may earn far less than their physicians, see these requests as overreaching on the part of what is often considered an overpaid profession.

Florida Voters to Decide Med-Mal Questions

At press time, Florida's voters were considering three malpractice-related proposals to change the state's constitution. One proposed amendment calls for physicians to lose their licenses after receiving three unfavorable judgments in malpractice lawsuits. Their licenses would not be pulled, however, if the lawsuits ended in settlement. A second proposed amendment would allow patients to look at the safety records of their physicians. The third constitutional amendment on the ballot would limit the percentage of malpractice awards attorneys could receive as compensation.

Nevada Attorneys Can't Stop Tort Reform Initiative

In September, the Nevada Trial Lawyers Association was unsuccessful in its attempt to have the courts remove from the state ballot Question 3, an initiative aimed at eliminating current exceptions to the state limits on noneconomic damages in medical malpractice cases. The present law limits noneconomic damage awards to $350,000 unless gross negligence can be proven. Question 3 — called the “Keep Our Doctors in Nevada” initiative — also asks voters to weigh in on whether Title 1 of the Nevada Revised Statutes governing attorneys should limit attorney fees and eliminate joint liability of health care providers in malpractice actions.

Also on the Nevada State ballot is Question 4, a sort of counterpoint to Question 3; it would render void any statute in effect on Dec. 1, 2006 that limits compensation provided by juries to victims of medical negligence by certain health care providers unless insurance companies lower malpractice premiums as a result of such limitations.

Doctor Who Treated with Botox Wins Suit

Dermatologist Arnold Klein and Allergan Inc., the manufacturer of Botox (the drug used to treat migraine headaches, and, off label, facial wrinkles), prevailed over the plaintiff in a medical malpractice and product liability suit brought against them by Irena Medavoy, wife of film producer Mike Medavoy. Mrs. Medavoy claimed in her suit that Dr. Klein treated her migraine headaches with Botox but failed to warn her that the drug could cause even more life-altering headaches. She asserted that she'd lost work because of the debilitating headaches brought on by the drug's use. The defense countered that she'd had these medical problems before she began using Botox and that, even after she claimed to have been incapacitated by the effects of the drug, she continued to attend Hollywood parties. The jury's verdict is the first reported decision in a case involving Botox.

Maryland Doctors Try New Gambit

Finding that their physician rally during the last legislative session had little or no impact on legislators who could push for tort reform in their state, Maryland's doctors plan this fall to enlist the help of their patients. They will be leaving pre-printed postcards in their offices for patients to pick up and mail to their legislators, saying “I am worried, and I vote.” The goal is to get the word out to legislators that not only are medical care providers concerned with rising malpractice insurance rates, their numerous voting patients are also worried that their health care options might be affected by insurance issues.

Doctors Look for Donations

The Washington Post reported in September that some physicians are asking their patients to voluntarily contribute money toward their rising malpractice insurance premiums. (Boodman, The Washington Post, 9/21/04). Although this may come in the form of a surcharge, many doctors who ask for payments that will pay their insurance costs characterize them as donations, not as a fee, because Medicare prohibits such charges. This latest tactic in the fight to stay afloat under the crushing weight of malpractice insurance premiums may backfire if patients, who may earn far less than their physicians, see these requests as overreaching on the part of what is often considered an overpaid profession.

Florida Voters to Decide Med-Mal Questions

At press time, Florida's voters were considering three malpractice-related proposals to change the state's constitution. One proposed amendment calls for physicians to lose their licenses after receiving three unfavorable judgments in malpractice lawsuits. Their licenses would not be pulled, however, if the lawsuits ended in settlement. A second proposed amendment would allow patients to look at the safety records of their physicians. The third constitutional amendment on the ballot would limit the percentage of malpractice awards attorneys could receive as compensation.