The July 2006 IOM Report on Medication Errors
August 31, 2006
For the second time in less than a decade, a report by the Institute of Medicine (IOM) was released in July. The previous IOM report on the subject, released in 1999 and titled, 'To Err Is Human,' rocked the medical community when it estimated that 44,000-98,000 Americans die each year as a result of medical errors. Similarly, the report released in July documents significant shortcomings in the provision of medical services in this country and startlingly points out that medication errors continue to harm at least 1.5 million people every year. According to the new report, the problem is so serious that, on the average, a hospital patient is subject to at least one medication error per day. The IOM estimates that the additional costs of treating medication-related injuries ' those occurring in hospitals alone ' can conservatively be estimated at $3.5 billion per year. At least one quarter of all such injuries are apparently preventable.
Focus Groups
August 31, 2006
You have a big trial looming; let's say an infant death or quadriplegia case. You think the medicine is sound, your experts are comfortable with their positions and the client wants to go forward. At the same time, the injuries to the plaintiff are substantial. Do you 'roll the dice' with a jury, or do you settle for a 'reasonable amount'? This is the dilemma faced by medical malpractice lawyers every day, and the decisions required here are not easily made.
Excess or Primary Insurance?
August 31, 2006
When a doctor obtains insurance from more than one carrier and both policies contain language along these lines ' 'Insurance under this coverage is excess of and payable only after all other valid insurance limits of coverage have been exhausted' ' which will be deemed the primary policy and which the excess policy? Or will they each cancel the other out? The answer will depend on myriad criteria, including the specific language of the policies, the amount the insured paid for coverage and whether one policy identifies the other insurer as the primary insurer.
Federal Rule 26 Expert Witness Disclosures: A Primer
August 31, 2006
Because expert testimony is so important in product liability litigation, disclosure is essential. Failure to comply with the rules governing disclosure can be fatal. A Rule 26 report disclosing proposed opinion testimony must meet specific and substantial criteria. Fed. R. Civ. P. 26(a)(2)(b). The report must contain, <i>inter alia</i>: 1) a complete statement of all opinions to be expressed and the basis or reasons therefor, and 2) the data or other information considered by the witness in forming the opinions. Fed. R. Civ. P. 26(a)(2)(B), <i>Tompkin v. Phillip Morris</i>, 362 F.3d 882, 895 (2004), <i>Brainard v. American Skandia Life Ins. Sopr.</i>, 2005 WL 3533545 (6th Cir. 2005).
After Counselng Fails, Many Sue Therapists
August 31, 2006
The growing popularity of therapy for everything from marriage troubles to drinking problems has the mental health care community paranoid about lawsuits. Legal and health care experts say that therapists today face a greater risk of being sued than ever before, particularly given the 55% divorce rate and the breakdown of the family. …
Verdicts
August 31, 2006
Recent rulings you need to know.
Med Mal News
August 31, 2006
Recent happenings of interest to you and your practice.
<b>Online Exclusive:</b> New Hampshire Medical Privacy Law Challenged
August 03, 2006
IMS Health Inc. and Verispan LLC filed a lawsuit in U.S. District Court, seeking a stay of New Hampshire's new privacy law. The law, which went into effect on June 30, bans the collection, distribution, and sale of individual doctors' prescription information by pharmaceutical companies or their agents. It affects only prescriptions written by physicians, not by other medical professionals such as nurse practitioners.
Verdicts
August 01, 2006
Recent rulings.
