According to a recent article in the physician publication American Medical News, the number of Americans without health insurance has increased to forty-seven million people last year. By comparison, approximately thirty-eight million four hundred thousand Americans had no health insurance insurance in 2000. The American Medical News suggests that one of the reasons for such a large increase...
Have you heard about recent recalls of tainted pet food involving food safety? How about toy recalls involving possible lead paint exposure? Have you heard about even more toy recalls involving choking hazards for small children? How about laptop computer batteries recalled due to a fire hazards? After hearing about all of these recalls, do you believe that consumer products are safer or more...
Michael Moore released a new movie about the system of healthcare in the United States. In the movie, he portrays our healthcare system as one in crisis. Do you believe our healthcare system in this country provides the best quality of care to patients at a reasonable cost? Have you seen the movie Sicko? Do you think the movie accurately portrays problems with our healthcare system in...
In early May, I wrote about an example of a likely frivolous lawsuit. If you recall, the drycleaning business in that case lost a pair of pants and the Plaintiff originally demanded compensation totalling $65,000,000 even after the business compensated him for the lost pants. In my earlier posting, I suggested that our system of justice has legitimate safeguards to prevent frivolous litigation...
I received a few responses to my recent posting about the California Medical Injury Compensation Reform Act (MICRA) which present different perspectives on an emotionally charged tort reform debate. Thank you to those who commented. Although we do not necessarily share the same opinions, I appreciate your willingness to post your thoughts and believe that we can respectfully disagree on some...
In 1975, the California State Legislature passed the California Medical Injury Compensation Reform Act (MICRA) which placed a cap on damages for medical malpractice claims. According to this Act, an injured plaintiff cannot recover non-economic losses in excess of $250,000. This tort reform statute has been in effect in California for thirty-two years. Because this California law has been in...
Blue Cross of California recently entered a settlement agreement to resolve a class action lawsuit against the health insurer concerning the nature of its individual health insurance business practices. Blue Cross had been accused of using innocent mistakes on poorly worded insurance applications to rescind policies after insureds submitted costly claims. After concluding that it would lose...
As if struggling with and battling cancer is not enough, according to a researcher at Johns Hopkins Children Center, children often must also face the additional battle of having to overcome problems relating to medication errors. Children with cancer often get the wrong dose of chemotherapy or are given the drug at the wrong time, and many require treatment because of the errors, U.S....
Recently Purdue Pharma, together with three company executives, agreed to plead guilty to misleading the public in its marketing approach for the narcotic drug OxyContin. The company also agreed to pay fines and other assessments totalling $600 million dollars in one of the largest criminal penalties ever assessed against a company. According to the New York Times, Purdue Pharma mislead the...
I read a story today about a Judge in Washington DC who has taken it upon himself to sue a dry cleaning business for a total of $65 million dollars because the business lost a pair of his trousers. This lawsuit presents a perfect example of what appears to be frivolous litigation which should be dismissed. We hear numerous stories and media attention often focuses on frivolous litigation. We...
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