ABA Journal.com reports that "in 1996, a Delaware hospital conducted an internal investigation of a pediatrician accused of inappropriate conduct with young patients and concluded he had done nothing wrong. Hence, administrators reportedly never informed the state’s medical disciplinary board or law enforcement authorities of the allegations." Now, the hospital…
Dealing with Medicare on subrogation issues can be a nightmare. This bill, HR 4796, the Medicare Secondary Payor Enhancement Act, would help make things easier by requiring the Center for Medicare Services to respond to requests for their lien amount within 60 days.
Today’s Wall Street Journal has a fascinating article about a California program that helps determine if physicians who have been disciplined can start practicing again. The goal of PACE (Physician Assessment and Clinical Education Program) is " to evaluate the competence of troubled doctors whose infractions range from serious medical…
Stark & Stark’s Pennsylvania Law Monitor has a nice post about the impact of Facebook on personal injury litigation. An excerpt: The Internet and social networking sites have changed the face of litigation in this country. However, there are some precautions that you can take to protect yourself, short…
Dan Pollitt, a law professor at the University of North Carolina School of Law, has died at the age of 88. Professor Pollitt was my Constitutional Law professor and, as explained in this obituary, he spent "a lifetime of defending civil rights, civil liberties, and fighting injustices in local, state…
The National Highway Traffic Safety Administration (NHTSA) is seeking the maximum civil penalty of $16.375 million against Toyota Motor Corporation for failing to notify the auto safety agency of the dangerous “sticky pedal” defect for at least four months, despite knowing of the potential risk to consumers. Approximately 2.3 million…
Those of you over 30 will remember James Carville’s message to the Clinton campaign in 1992: "It’s about the economy, stupid." Well, trying cases is about persuading jurors to your client’s point of view. Sure, you must prove-each-element-of-your-cause-of-action-by-a-preponderance-of-the-evidence, but you must do so in a way that keeps the…
AAJ’s upcoming seminar Litigating Medical Negligence and Injured Infant Cases, April 9–10 at Caesars Palace in Las Vegas, will provide the newest strategies and techniques on how to get justice for those who need it the most. To register and learn more, visit www.justice.org/education/medneg or call AAJ Education at 800-622-1791 or 202-965-3500,…
Paul Luvera does a nice job in this post hitting the high points of David Ball’s book Ball on Damages. An excerpt: [W]e must shed our law school training about advocacy and learn to present cases consistent with the way that people really make decisions. You were probably taught…
AAJ’s upcoming seminar Growing on the Vine: Maximizing Profitability in Changing Times (cosponsored by AAJ’s Sole Practitioner and Small Firm Section) is about the business of running a successful law practice. The program is taking place April 9–10 at Caesars Place in Las Vegas. Program highlights include “Controlling Cost and…