Post Holiday Personal Injury Related Links

I took most of last week off for the Thanksgiving holiday. Instead of putting out a post this morning, I thought I would pass along what I have been reading over the past week, germane to personal injury law.

  • EurekAlert has an article titled “Electronic Health Records May Lower Malpractice Settlements.” The premise of the article is that easy access to patients’ medical history may result in fewer diagnostic errors, improved follow up of abnormal test results, and better adherence to clinical guidelines. Makes sense. But the title I think is weird. Lower malpractice settlements? How about saving lives and improving medical care and, oh, by the way, decreasing the number of medical malpractice settlements and verdicts?
  • The Drug and Device Law Blog has a nice treatise (as far as blog posts go) on writing motions in limine. Good article that can be used by any lawyer preparing motions in limine.
  • Lawyer demands special treatment in the emergency room. (by way of Overlawyered). Certainly, anyone who threatens a lawsuit while in the emergency room is a tool. We all agree on this. I’ll bet 100-1 the lawyer was not a medical malpractice lawyer and 20-1 he is not a personal injury lawyer.
  • The Wall Street Journal shockingly supports medical malpractice caps by encouraging the Illinois Supreme Court to uphold caps. Interestingly, I read elsewhere recently that President-Elect Obama voted in favor of caps on non-economic damages in medical malpractice cases while in the Illinois legislature. I was shocked that I did not know this.
  • The Wall Street Journal Law Blog also has an interesting post on the mess created when people try to represent themselves which is a more frequent occurrence in the new economy.
  • Even more from the Wall Street Journal: Minority Leader Mitch McConnell offers President-elect Obama a roadmap for ending the political war over judicial nominations. The article reminds me of something else I forgot: Obama voted no on John Roberts because of concerns over his “political” philosophy. (Eric Dinnocenzo wrote after this post was published a great blog post for TortDeform commentating on the Wall Street Jounal article.)
  • Attention! Attention all defense lawyers! I know you are billing clients by the hour and all. But you do not need to depose everyone who has ever met or heard of the Plaintiff.
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