Day on Torts

April 1, 2006

Cost of Infections

The Washington Post tells us that hospital-acquired infections cost more than $600M per year – and that is just in Pennsylvania!

An excerpt from the article: “Doctors, nurses and patients’ relatives have long known the risks of contracting an infection while in a hospital. But there has been little quantifiable data available on the cost of those infections, from a financial or a medical perspective. The average hospital payment for a Pennsylvania patient who did not have an infection was $8,078, compared with $60,678 for patients who did, according to the report by the Pennsylvania Health Care Cost Containment Council.”

Wouldn’t it be nice if doctors and hospitals spent their time and money trying to prevent infections rather than trying to reduce their financial responsibility for negligence? The cost of malpractice insurance in a drop in the bucket compared to the cost of hospital-acquired infections.

March 31, 2006

Lanier v. Merck, Round 2, Post 16

by The Law Offices of John Day, P.C.

The defense in the New Jersey Vioxx case has rested. Read more here.

March 31, 2006

Kim McMillan Announces Intention Not to Run for Re-Election

by The Law Offices of John Day, P.C.

Kim McMillan has announced that she will not run for re-election to the Tennessee House of Representatives.

Kim is a Democrat from Clarksville and has served for six terms (twelve years). She is the first female Majority Leader of the House in the history of the state.

Kim is one of the brightest and most articulate people in the House. She is also one of the few remaining lawyers in the Legislature.

March 30, 2006

Sanctions for Misconduct of Counsel

by The Law Offices of John Day, P.C.

Lawyers who cheat need to be popped – hard. Here is an article about a defense lawyer who commented during opening statement on evidence that had been excluded by the trial judge. The appellate court reversed an order of sanctions against him.

I was in a trial a little over a year ago where the defense lawyer repeatedly violated an order on a motion in limine. The lawyer knew that we did not want a mistrial and the judge refused to come down hard when the order was violated. I knew that asking for sanctions would be an exercise in futility.

I do not know all of the facts of the PA case so it is difficult to know whether the appellate decision is right or wrong, but from what appears in the article it seems to me that, at the very least, the defense lawyer knew or should have known that he was pushing the envelope. In my opinion it is the responsibility of the lawyer to know what the judge has ruled in limine, and if he or she does not understand the ruling to ask for a clarification. It is not appropriate to gamble on what the order means and ask for forgiveness later.

March 30, 2006

Lanier v. Merck, Round 2, Post 15

by The Law Offices of John Day, P.C.

The end is near in the New Jersey Vioxx trial. Here is the latest.

March 29, 2006

Lanier v. Merck, Round 2, Post 14

by The Law Offices of John Day, P.C.

More proof from the defense in the New Jersey Vioxx trial; read about it here.

The next federal Vioxx trial begins June 12, 2006.

March 29, 2006

Tennessee Legislature Rejects Medical Malpractice Bill

by The Law Offices of John Day, P.C.

Yesterday afternoon the Civil Practice Subcommittee of the House Judiciary Committee voted 3-2 to reject a bill offered by Rep. Doug Overbey that would have capped pain and suffering awards to medical malpractice victims and placed other limitations on recoveries. Voting against the legislation were Chairman Briley, Majority Leader McMillian, and Rep. Brooks. Fifteen to twenty doctors and the spouses of several attended the committee meeting and worked the halls before the vote. Several victims of malpractice also attended and spoke with some of the committee members.

The health care industry reportedly spent $500,000+ on this effort and one of their representatives has told me that they will be back next year. They want caps on damages and will accept nothing less.

The legislators opposing this legislation were under tremendous pressure to vote in favor of the health care industry and exercised great courage by standing up in favor of patients. Each of them deserve our thanks and our support.

March 28, 2006

Medical Malpractice Fight Today

by The Law Offices of John Day, P.C.

The Civil Practice Subcommittee of the House Judiciary Committee meets today to hear testimony on the medical malpractice reform bill sponsored by Rep. Doug Overbey. The legislation caps damages non-economic losses at $250,000 against providers and $250,000 against factilities, with no more than $500,000 awarded in any one case. It mandates periodic payments of future damages, changes the rules concerning expert witnesses, limits the bond that must be posted by a defendant on appeal, requires a certificate of merit, and limits attorneys’ fees. The Bill is HB 3693; read more about it here. The five-person committee will vote at the conclusion of testimony.

I will be spending the day at the Legislative Plaza.

March 27, 2006

Lanier v. Merck, Round 2, Post 13

by The Law Offices of John Day, P.C.

The trial of the Vioxx cases in New Jersey is winding down. Here is a recent update.

March 27, 2006

Defense Lawyers Getting Hit With Malpractice Claims

by The Law Offices of John Day, P.C.

This article from Lawyers Weekly U.S.A. explains that insurance defense lawyers are seeing an increased in the number of professional negligence claims filed against them.

An excerpt: “According to an ABA study released last summer, malpractice claims against personal injury defense lawyers increased 6 percent from 1999 to 2003 – the largest increase in any practice area. Nearly 10 percent of all malpractice claims in 2003 were filed against personal injury defense lawyers. Personal injury-defense now ranks third in malpractice claims, behind top-ranked personal injury-plaintiff and real estate. Family law and trusts and estates rank fourth and fifth, respectively.”

Read the article here. NOTE: Link is broken and article now lost in cyberspace.