Like you, likely, I am at home. And one thing I can tell you about home: This ain't Rwanda. Where I was supposed to be. Apologies in advance to students for the classes I will have to reschedule in upcoming semesters to make up some of my sabbatical research. Or maybe the university will afford me some bonus away time, compassionately understanding the impact of the crisis. ROTFL.
So here I sit with some time to catch up on reading, and I want to share some worthwhile items here on the blog.
For starters, I'm terribly excited about what my friend and former student
Joseph Grillo, M.D., J.D.-nearly-complete, has been writing over at
his eponymous blog. Here are recent headlines, links, and snippets in reverse chronological order. Did I mention that Dr. Joe (
LinkedIn) is an
infectious disease specialist?
You have a look-see, below, while I go refresh my Whole Foods delivery window window.
Or not.
Coronavirus Disease 2019 (COVID-19) – The Available Evidence
March 19, 2020
There is currently a large amount of information being circulated
on the COVID-19 viral pandemic. Much of it is inaccurate and some is
hysteria – often fostered by the mainstream media. In my view, the best
way to combat this virus is by having evidence-based information and
acting accordingly. There is a significant amount of accurate
information currently known, but there is also considerable information
that remains unknown at this time. Presented below is a discussion of both. Please feel free to contact me with questions at
jfgrillo1@gmail.com.
Read more.
The Effects of the Affordable Care Act on Medical Malpractice Claims
March 17, 2020
The
seemingly interminable debates about the ACA and health care reform in the last
few years have focused mainly on health care access, quality, and cost. Debates
on the medical malpractice component of the issue have focused almost entirely
on cost. The familiar arguments in favor of limiting liability include the financial and
health costs of defensive medicine; decreased physician supply in certain
specialties and geographic areas; excessive awards; and high transaction costs,
including attorney and expert witness fees. The equally familiar arguments in
favor of maintaining tort liability include the need to promote civil justice,
deter substandard care, identify incompetent practitioners, and encourage
systemic quality improvement. There is a complicated and nonlinear relationship
between medical malpractice events, medical malpractice claims, and medical
malpractice costs. [Footnotes omitted.]
Read more.
Editorial: The Edges of Physician Liability and The Learned Intermediary Doctrine
March 12, 2020
The
Learned Intermediary doctrine paints an idyllic picture of patients’ total
reliance on their physicians to
choose drugs and of physicians choosing
drugs that best promote patient welfare. These images, however, are
increasingly out of sync with the present-day healthcare system. For instance,
managed care and other cost control measures employed by insurance companies
have altered the doctor-patient relationship.
Read more.
Suffering in Silence – The Addiction Epidemic in The Legal Profession
March 10, 2020
A recent course required an oral presentation on a topic of
our choosing. Unknowingly, I chose to research and present my findings on
addiction in the legal profession. What I found is worth expounding. Also worth
noting is that these findings were presented to the university administration. Their
response was chilling. In short, they claimed to “have this.” I am certain of a
few things – they don’t “have this,” that being stagnant is at the heart of the
crisis, and the status quo continues – drugs continue to be sold and consumed,
and law students are suffering in silence. Therein lies a microcosm of a crisis
within the legal profession.
Read more.
Urgent Care – an Emerging Source of Clients for Medical Malpractice Attorneys
March 4, 2020
Urgent care
centers are increasingly becoming Americans’ go-to option for certain health
problems according to a study in
JAMA Intern Med. 2018. Visits to
urgent care clinics increased by 119% among commercially insured Americans
between 2008 and 2015
. During the same time period, emergency room
visits for low-severity conditions — like those treated at urgent care centers
— decreased by 36%. The reasons for these trends are numerous, including the
high costs and long wait times associated with ER visits. While there are
certainly benefits to such clinics, there are potential pitfalls for patients.
Read more.
