The U.S. Centers for Disease Control and Prevention has estimated that motor vehicle accidents cost the United States economy almost $100 billion each year, or about $500 per licensed driver.
Motorcycle accidents cost about $12 billion. Car and truck accidents total $70 billion.
The CDC looked at data from 2005. In that year, there were 3.7 million injuries and deaths resulting in medical care from motor vehicle accidents.
Winning Trial Advocacy Tips is the best trial advocacy blog on the web. Click here to read a recent post from the blog on tips for opening statements.
An excerpt:
In the courtroom, you probably talk in the past tense during opening statements and direct examination because you’re describing events that have already happened and reached finality. You already know the conclusion – but your jury doesn’t. This is the first time they’ve heard about the events. If you want to bring certain areas of your questioning to life, you need to switch your language to the present tense. By switching to the present tense, you’ll help your jury feel that things are happening right now.
Winning Trial Advocacy Tips shares another great post – this one called "Sticking Thoughts in Your Jurors’ Brains."
An excerpt:
Repetition helps us remember, but it can also bore us to sleep. As the trial lawyer, your goal is repeat the information often enough that your jury remembers it, but without putting them to sleep. Here’s the good news: You can repeat repeat important information without boring your jurors, just so long as you follow a few simple guidelines.
This new article reveals that traumatic brain injury, currently considered a singular event by the insurance industry and many health care providers, is instead the beginning of an ongoing process that impacts multiple organ systems and may cause or accelerate other diseases and disorders that can reduce life expectancy, according to research from the University of Texas Medical Branch at Galveston.
Traumatic brain injury occurs when a sudden trauma causes damage to the brain and can be classified as mild, moderate or severe, depending on the extent of the damage. While many patients recover completely, more than 90,000 become disabled each year in the U.S. alone. It is estimated that more than 3.5 million Americans are presently disabled by brain injuries – suffering lifelong conditions as a result.
The literature review, which appears in the current issue of The Journal of Neurotrauma, examines 25 years of research on the effects of brain injury, including its impact on the central nervous system and on cognitive and motor functions.
The United States Court of Appeals for the Eleventh Circuit has ruled that Medicare is not entitled to rely on its field manual and argue that a subrogation interest be reduced under a "made whole" type of analysis only if a judgment is entered in the case.
In Bradley v. Selbelius, plaintiff settled a wrongful death case for policy limits, $52,500, and put Medicare on notice of the settlement. Medicare asserted a $38,000+ lien, less procurement costs. Plaintiff filed suit in the probate court and asked the court to determine the value of the case and the amount that needed to be re-paid to Medicare. Medicare refused to participate.
The trial judge ruled that the value of the case exceeded $2,500,000 and that Medicare’s reimbursement should be cut to $787.50. Medicare refused to recognize the probate court’s decision, saying that its field manual provided that it need not rely on a court order allocating proceedings unless the court order was based on the merits of the controversy. The estate paid Medicare under protest, exhausted its administrative remedies, and then filed suit in federal court.
Those of us who represent victims of medical negligence and dangerous, defective drugs and medical devices know that a significant percentage of so-called "medical research" is nothing more than fodder prepared to help health care providers and doctors win lawsuits or help manufacturer’s reps sell product. All to often, jurors gobble up the phony information, always assuming that no respectable professional would engage in such conduct and no respectable publication would print it.
It appears that Dr. Marcia Angell, MD., the first woman to serve as Editor of the New England Journal of Medicine. has the same concerns. In an editorial titled "Is Academic Medicine for Sale?," Angell said as follows:
What is wrong with the current situation? Why shouldn’t clinical researchers have close ties to industry? One obvious concern is that these ties will bias research, both the kind of work that is done and the way it is reported. Researchers might undertake studies on the basis of whether they can get industry funding, not whether the studies are scientifically important. That would mean more research on drugs and devices and less designed to gain insights into the causes and mechanisms of disease. It would also skew research toward finding trivial differences between drugs, because those differences can be exploited for marketing. Of even greater concern is the possibility that financial ties may influence the outcome of research studies.
The Tennessee Rules of Civil Procedure have been amended to permit pleadings, motions, discovrey and briefs to be served via email. Here is the new rule:
Here is the text of Rule 5.02(2):
(a) Service upon any attorney may also be made by sending him or her the document in Adobe PDF format to the attorney’s email address, which shall be promptly furnished on request. The sender shall include language in the subject line designed to alert the recipient that a document is being served under this rule. On the date that a document served under this rule is electronically sent to an attorney, the sender shall send by mail, facsimile or hand-delivery a certificate that advises that a document has been transmitted electronically. The certificate shall state the caption of the action; the trial court file number; the title of the transmitted document; the number of pages of the transmitted document (including all exhibits thereto); the sender’s name, address, telephone number and electronic mail address; the electronic mail address of each recipient; and the date and time of the transmission. The certificate shall also include words to this effect: "If you did not receive this document, please contact the sender immediately to receive an electronic or physical copy of this document." The certificate shall be sent to all counsel of record.
This article from Newsweek reveals some interesting information on medical errors.
An excerpt:
Undoing a culture is hard, especially one steeped in hierarchy and intimidation, where doctors tend to reign supreme and nurses, pharmacists, and technicians fall into the ranks below. “What underlies it is arrogance,” says Pronovost, an anesthesiologist and director of Hopkins’s Quality and Safety Research Group. In his book he describes a run-in with a surgeon who refused to switch from latex to non-latex gloves during a hernia operation, despite Pronovost’s concern that the patient was having a potentially fatal latex-allergy reaction. It was only after a nurse picked up the phone to call the hospital president that the surgeon relented. “This patient,” Pronovost writes, “could have died from ignorance and arrogance—a lethal combination.”
Bill Leader reminded me the other day that you can access detailed information about Tennessee hospitals from the Tennessee Department of Health Website. Here is the site.
There is a 40 + page PDF of information on each hospital. Here is a list of the types of data for each hospital:
Identification
Bill Haslam is the Republican nominee for Governor of Tennessee. I have never met the gentleman, but my friends who have say he is friendly and bright.
Mr. Haslam’s latest television commercial calls for Tennesseans to address problems in health care, asking for more personal responsibility and tort reform in the scope of five seconds.
Readers know that since at least 1975 "tort reform" has been advanced to protect doctors and hospitals from personal responsibility for their actions. Through damage caps, artificial restrictions on who can testify as an expert, modification of the collateral source rule, and other measures, legislatures across the country have actively worked to reduce the personal responsibility of health care providers that harm patients.
