As part of Texas' 2003 tort reform, the Texas Medical Board was given more resources and more powers to police doctors. Where "regulation" through medical malpractice cases decreased, the TMB was supposed to take up the slack to help keep Texans safe. And the TMB started going after doctors. So much so that physicians groups asked legislators to hold hearings on the new TMB enforcement. The...
Dr. Joseph Gluck, a New Jersey pediatrician, was the former director of the New Jersey Board of Medical Examiners from 1998 to 2006. It was therefore surprising to hear him recently state that the...
The National Center for Assisted Living (NCAL) recently compiled a summary of the assisted living regulations in all 50 states. The Assisted Living State Regulatory Review can be found at this web...
It was nice to see recently elected and finally seated Minnesota Senator Al Franken get his first amendment passed last month. Unfortunately, it was about a very weighty topic. The amendment to the...
After the vote to send the health care bill to the Senate floor, there was a round of Republican tweets that predicted that the vote would end the careers of Senators that voted for the bill. That...
Caroline Monaghan was seen by her primary care physician, who determined that she possibly had blockage in her carotid arteries. Such a blockage, also known as stenosis, carries a great risk for a...
Tort reformers like to talk a lot about how the threat of malpractice suits raises health care costs by forcing doctors to practice “defensive medicine”—the ordering of...
Medical malpractice claims cause doctors far and wide to head for the hills. After all, nothing can put a dent in many years of hard work quite like a hard-wrought fight about who messed up what...
This week, the U S Senate will be debating the Heath care bill. It is expected that the usual Republicans will spend most of their time trying to add amendments to change the civil justice system....
There's a new case out this week from Division Two, Cullen v. Koty-Leavitt Insurance, which deals with the reasonable expectations doctrine in the UIM setting. The case is not particularly fascinating from a substantive perspective, but it raises questions about potential legal malpractice exposure.In sum, Cullen filed a UIM claim based upon the fact that his family was given the right to...
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