HIPAA, Tort Reform, and State Law Remedies for Violations

The demand for privacy law expertise continues to increase, as courts and lawmakers wrestle with the issue of what sorts of information are protected under the law, how violations are or should be enforced, what forms of recourse and relief are available to aggrieved parties, and where such relief may be obtained. The Eleventh Circuit


Stryker Rejuvenate and ABGII Hip Implant Settlement News

A long-awaited settlement was reached between Howmedica Osteonics Corp., manufacturer of the Stryker Rejuvenate and ABG II hip implants, and representatives for persons injured by these medical devices. The settlement includes encompasses claims brought in both the federal MDL pending in the District of Minnesota ( In re: Stryker Rejuvenate and ABG II Hip Implant


Center for American Progress Highlights Pitfalls of Tort Reform

A few weeks ago, the Center for American Progress published a short video detailing the deleterious effects tort reform has on public safety in Texas.  Here’s what they had to say about their video: “A new video from Legal Progress, the legal policy program at the Center for American Progress, documents the damaging effects of


More Bogus Arguments by Proponents of Tort Reform

After several states passed tort reform legislation in 2004, the Economic Policy Institute published a report titled “The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits,” that revealed a number of important flaws in the argument for the necessity for and benefit from tort reform. Many


Three Myths About Tort Reform

Tort reform has sullied the political landscape of this country for years.  A set of proposed laws and regulations at both the state and federal level, one central aim of tort reform is to limit the compensation an injured party can recover in a personal injury lawsuit, or “tort,” attempting to “save” health care from



colorado judge dismisses case against hospital; forgets to disclose that his brother is an executive there

What’s that?  I think it’s the appearance of impropriety: "I understand (the plaintiff’s attorneys) would be stunned and upset," Munch said. "I have made disclosures in cases. I certainly should have disclosed it." Rebecca Aviel, a legal ethics professor at the University of Denver, said it’s clear Munch had a responsibility to inform attorneys in


forbes story on medical malpractice buries the lede

“Bury the lede” or “bury the lead” – it means the same thing: To put the crucial information at the end of a story.  And that’s just what Forbes did with a recent story on medical malpractice. The article checks all the right boxes that an article written by an M.D. about medical malpractice should:


Some maryland surgical centers receive little oversight

Apparently, it’s not whether something walks like a duck and talks like a duck, it’s whether it bills insurance companies like a duck: There is tremendous oversight in the operating rooms in hospitals.  But in Maryland, some other locations where surgery is done simply don’t.  Maryland’s Health Secretary, Dr. Joshua Sharfstein, acknowledges some clinics where


What should never happen actually happens 80 times a week

In the medical profession, a “never event” is something that should never happen.  Doctors have to make judgment calls every day, and sometimes those judgments will be wrong.  Every wrong judgment is not medical malpractice.  But a “never event” is not a bad judgment call.  It’s blatant medical malpractice, no matter how you slice it.