Sep 10
Posted by Nancy Lentz in Case Law, Health Law, Human Rights, Medical Boards and Associations, Negligence, Privacy & Health Information, Sexuality | Comments off
CBC News, AP, 9 September 2010
“A gay Toronto man who concealed his sexual history on a blood donor questionnaire and was sued for negligence by Canadian Blood Services has lost in Ontario Superior Court. In a decision released Thursday, the court sided with CBS in its suit against Kyle Freeman for “negligent misrepresentation.” The court said Freeman did not have a Charter of Rights and Freedoms defence against the claim of negligence.”
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Sep 7
Posted by Edwina Light in Health Law, Negligence, Resource Allocation, US Health Services | Comments off
Health Affairs, 29, no. 9 (2010): 1578-1584, doi: 10.1377/hlthaff.2010.0146
Authors: J. William Thomas, Erika C. Ziller, and Deborah A. Thayer
“In this paper we present the costs of defensive medicine in thirty-five clinical specialties to determine whether malpractice liability reforms would greatly reduce health care costs. Defensive medicine includes tests and procedures ordered by physicians principally to reduce perceived threats of medical malpractice liability. The practice is commonly assumed to increase health care costs. The results of studies of the costs of defensive medicine have been inconsistent. We found that estimated savings resulting from a 10 percent decline in medical malpractice premiums would be less than 1 percent of total medical care costs in every specialty. These savings are lower than most previous estimates, and they suggest that the presumed impact of tort reform on health care costs may be overstated.”
Find abstract here.
Sep 7
Posted by Edwina Light in Case Law, Health Law, Negligence, US Health Services | Comments off
Health Affairs, 29, no. 9 (2010): 1585-1592, doi: 10.1377/hlthaff.2010.0135
Authors: Emily R. Carrier, James D. Reschovsky, Michelle M. Mello, Ralph C. Mayrell, and David Katz
“Physicians contend that the threat of malpractice lawsuits forces them to practice defensive medicine, which in turn raises the cost of health care. This argument underlies efforts to change malpractice laws through legislative tort reform. We evaluated physicians’ perceptions about malpractice claims in states where more objective indicators of malpractice risk, such as malpractice premiums, varied considerably.”
Find abstract here.
Sep 5
Posted by Nancy Lentz in Case Law, Health Law, Negligence, Safety | Comments off
SMH, AAP, 5 September 2010
“A US factory worker suffering from a life-threatening disease known as “popcorn lung” is bracing for an appeal after a jury last month awarded him $US30.4 million ($A33.4 million) against a supplier of a chemical found in butter-flavoured microwave popcorn. According to the lawsuit, BASF failed to warn Solis and his co-workers about, among other things, the health and safety hazards associated with diacetyl, failed to conduct adequate testing on the harmfulness of the chemical, and failed to advise workers to wear respirators and chemical suits. The result, the lawsuit alleged, was that Solis continues to suffer physical pain and emotional distress while losing his wage-earning capabilities.”
Find article here.
Sep 4
Posted by Nancy Lentz in Accidents, Canadian Health Services, Case Law, Health Law, Insurance, Medical Boards and Associations, Negligence, New Legislation | Comments off
CBC News, AP, 3 September 2010
“The B.C. government is using a new piece of legislation that allows it to recover medical expenses to sue the pilot and others involved in a fiery balloon crash that killed two people and injured several others. The government claims Pennock didn’t maintain the balloon, didn’t do safety checks and wasn’t properly trained to fly. The company that manufactured the balloon, meanwhile, is alleged to have produced a “dangerous and defective product,” and the government is alleged to have not conducted the proper inspections.”
Find article here.
Sep 3
Posted by Nancy Lentz in Case Law, Death, Health information and education, Medical Boards and Associations, Negligence, New South Wales Health Services | Comments off
SMH, By Kate Benson, 3 September 2010
“A Sydney woman will launch a class action against NSW Health after autopsy results showed her husband had been riddled with a disease the Health Department says does not exist in Australia. Karl McManus, 44, died in July after being bitten by a tick while filming the television show Home and Away in Sydney. The autopsy indicated he had bacteria from Lyme disease in his liver, heart, kidney and lungs.”
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Aug 31
Posted by Sabina Bhate in Health Law, Negligence, UK Health Services | Comments off
Observer- 29 August, 2010
Author: Mark Gould
“Hospices that care for victims of a form of cancer caused by asbestos exposure hope to get help with treatment costs following a landmark court ruling.”
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Aug 31
Posted by Sabina Bhate in Health Law, Insurance, Negligence, US Health Services | Comments off
Washington Post- 31 August, 2010
Author: Manoj Jain
“The malpractice system is a stick that reminds wayward doctors and hospitals that health care is about patients. It helps keep the arrogance, negligence, mismanagement and greed of some doctors and hospitals in check. So how can we improve the malpractice system? There is no easy solution.”
Read article here.
Aug 29
Posted by Nancy Lentz in Case Law, Children, Negligence | Comments off
CBC News, AP, 27 August 2010
“A $1 million lawsuit has been filed against Alberta Children’s Hospital by a Calgary family. Papers filed in court this week claim a young girl suffered serious brain damage, blindness and other injuries as a result of improper care.”
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Aug 29
Posted by Nancy Lentz in Case Law, Infectious Disease, Negligence, Safety, Sexual Health | Comments off
NZ Herald, AP, 29 August 2010
“An Aids activist group has filed a workplace safety complaint against Larry Flynt, accusing the porn king of creating an unsafe environment for his stable of sex stars by not requiring they use condoms. To illustrate its point, the Aids Health Foundation also delivered 100 DVDS of hardcore Flynt films to the state Division of Occupational Safety and Health’s Los Angeles office. A single scene in one of the films showed a performer using a condom, said AHF spokesman Ged Kenslea.”
Find article here.
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