Articles Posted in Miscellaneous

The Government Printing Office has a host of information for you. Government Printing Office which provides electronic access to Federal Government documents. The site gives you access to official, published versions of legislative, executive and judicial documents, including the Code of Federal Regulations, Federal Register, and Presidential Materials.

For example, do you need an analysis of cases interpreting the U. S. Constitution? There is a publication on point. There is even a Cybercemetary, where old government websites are maintained.

Happy surfing.

Hopefully you will get to read this article in Texas Monthly before this link is gone. It describes what happened to the people of Texas because of tort reform.

Here is a description of what happened to one family who was looking for a plaintiff’s lawyer to handle a medical malpractice case:

“They saw the first [lawyer] last December. He explained the realities: The facts of the case looked promising, but because their mother was retired, they would have a hard time getting any lawyer to take the case. It was, essentially, the same story Kelly Reddell had told Alvin Berry: Anyone who didn’t work-the elderly, homemakers, or children-was looking at a cap on noneconomic damages of $250,000. Trying such cases was simply not cost-effective for the lawyer or the client. (“It’s an assault on those who are the most vulnerable,” one plaintiff’s attorney told me. “It’s almost legal malpractice to take those cases.”)

Some of you are familiar with the Rosoce Pound Institute, an organization founded in 1956 which works to “help judges, academics and others understand a balanced view of the U.S. civil justice system.”

Last week, the Institute held a conference at Vanderbilt University School of Law on the issue of medical negligence. Friday afternoon I had the opportunity to participate in a panel discussion about patient safety. Joining me on the panel were Sandy Bledsoe, a nurse by training and now the #2 person in Vanderbilt’s Risk Management Department, Dr. Paul Keckley, the head of Vanderbilt’s Center for Evidence-Based Medicine, and Dr. Gerald Hickson, Director of the Center for Patient and Professional Advocacy.

I was happy to learn about the substantial effort Vanderbilt is making in attempting to reduce patient injuries and claims. The CPPA identifies physcians who are the subject of patient complaints and works with them to approve their skills in communicating with patients. Dr. Hickson has taken this program around the country; I believe he said that his team has been to 18 other institutions with this concept. Dr. Hickson has worked in conjunction with the Risk Managment Department at Vanderbilt.

Georgia passed a tort “deform” statute last year. One part of the legislation required a plaintiff to pay a defendant’s attorneys’ fees if the plaintiff did not obtain a judgment of at 25% higher than a defendant’s last offer of judgment.

A trial judge has struck down that provision, saying that “[b]y authorizing attorney’s fees to be awarded against plaintiffs who assert their right to prosecute their claims in court, secure a judgment in their favor, but fail to win as much damages as they hoped, the statute violates [Georgia’s Constitutional] guarantees that “[n]o person shall be deprived of the right to prosecute … [their] cause in any of the courts of this state.”

Here is an articledicussing the ruling.

The United States Supreme Court has refused to hear a case involving a class action certified by a Oklahoma judge involving 420,000 GM vehicles. The lawsuit alleges that the vehicles are equipped with airbags that deploy unnecessarily.

The problem is a software glich, later corrected by GM on other vehicles.

You may remember that the Florida voters passed a cap on attorneys’ fees in medical malpractice cases. The constitutional amendment was pushed by Florida’s doctors. Fees are capped at 30% for the first $250,000 and 10% on any amount over $250,000.

Lawyers representing patients began asking them if they wanted to waive the cap of fees. The doctors then got a group of lawyers to petition the Florida Supreme Court to have the Court change its rules of professional conduct to limit attorney’s fees in medical malpractice cases. The doctor’s efforts is being led by former Florida Supreme Court Justice Stephen Grimes who works for Holland & Knight.

Grimes led an effort to get 54 lawyers to sign a petition to get the rules changed – Florida rules require at least 50 lawyers to sign a petition to start the process. Former Justice Grimes managed to get 19 lawyers from his firm to sign the petition – quite an amazing result given the fact that the firm advertises that it has “1200 lawyers and professionals.”

There is a fascinating but disturbing story in today’s New York Times about a federal court case involving claims arising from alleged injuries because of exposure to silica. Judge Jack has raised serious questions about whether the claims are legitimate and the role of the doctors and claimant’s lawyers in making the diagnosis.

From the article: “‘It is apparent that truth and justice had very little to do with these diagnoses – otherwise more effort would have been devoted to ensuring they were accurate,’ Judge Jack wrote. ‘These diagnoses were driven by neither health nor justice: they were manufactured for money. The record does not reveal who originally devised this scheme, but it is clear that the lawyers, doctors and screening companies were all willing participants.'”

The NYT article includes a link to Judge Jack’s 249 page opinion.

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