TrialSmith Eclips • TrialSmith Home • Search Litigation Bank • About July 21, 2009 -  Rise in Online Medical Ratings Leads to Gag Orders -  New Guidelines on Inducing Labor Issued -  Hospitals Reveal Mistakes -  Doctors Find Value in Saying Sorry -  NHTSA Data Not Released -  Iqbal Cited 500 Times in Past Two Months -  Dentist Sued After Dropping Tools in Patient’s Throat -  Arbitration Firm Reaches Agreement with Minn. AG     This Service Sponsored Exclusively by The James Street Group A Member Service of TrialSmith.com   Healthcare Rise in Online Medical Ratings Leads to Gag Orders With the increase in online sites such RateMDs.com, DrScore and Vitals.com where patients can post reviews of doctors, more doctors are requiring patients to sign forms prohibiting any online posting without their prior approval. The enforceability and ethics of the requirement are debatable, particularly when consumers are tasked with being more informed about their healthcare choices. Critics of the online sites contend they are unreliable because they say only those individuals with bad experiences tend to post.  Sandra G. Boodman, The Washington Post  07/21/2009 Read Article: The Washington Post     New Guidelines on Inducing Labor Issued The American College of Obstetricians and Gynecologists issued new guidelines to doctors for inducing labor without a medical reason, in response to the fact that inductions have soared from 90 per 1,000 births in 1990 to 225 per 1,000 births in 2006. Although they are generally safe, inductions have been linked to an increase in Caesarean sections, increasing the length of hospital admissions and expenses. In the absence of complicating health problems, the guidelines state inductions should not be performed before 39 weeks of pregnancy.  Todd Ackerman, Houston Chronicle  07/21/2009 Read Article: Houston Chronicle     Hospitals Reveal Mistakes Recently-passed laws in several states that require hospitals to detail serious injuries reveal the frequency and variety of so-called “never events” which should never happen. In some states the hospitals in which the events occurred are identified, while other states only compile the injuries without revealing the hospital involved. About 20 states now require some level of reporting of hospital-acquired infections or medical errors.  Lisa Rein, The Washington Post  07/21/2009 Read Article: The Washington Post     Issues Doctors Find Value in Saying Sorry The University of Michigan Health System found that the number of malpractice claims filed against them has been halved, the backlog of open claims reduced, the amount of time to resolve a claim lessened and the costs per claim reduced fifty percent. The health system’s risk officer said the change that brought about these benefits is the practice of apologizing when a mistake is made and offering compensation at that time. Some are skeptical of the practice, fearing that doctors’ admissions of errors will be used against them in court.  David N. Goodman, Newsday  07/20/2009 Read Article: Newsday     NHTSA Data Not Released Only after two consumer groups filed a Freedom of Information Act suit is information compiled in 2003 by the National Highway Traffic Safety Administration on the dangers of driving while using a cell phone being released. According to a former official, they were convinced not to release the data or contact states with their concerns out of fear of angering members of Congress.  Matt Richtel, The New York Times  07/20/2009 Read Article: The New York Times     Laws/Cases Iqbal Cited 500 Times in Past Two Months Last May, in the case of Ashcroft v. Iqbal, the Supreme Court found that judges must determine upfront “whether a complaint states a plausible claim for relief” which requires plaintiffs to cite facts when filing the case that they often do not have access to prior to discovery. In just the last two months alone, the case has been cited 500 times to dismiss civil suits. Dissenting Justice Ruth Bader Ginsburg declared in a recent speech that “the court’s majority messed up the federal rules” regarding filing civil suit.  Adam Liptak, The New York Times  07/20/2009 Read Article: The New York Times     Dentist Sued After Dropping Tools in Patient’s Throat Dentist Wesley Meyers of Aloma Park Dental not once, but twice, dropped dental implements down the throat of 90-year-old Charles K. Gaal, Jr. In both of the incidents, Gaal required surgery to remove the tools, and the second surgery resulted in the partial removal of his lung. Gaal died less than a year after the second surgery and his family is now suing Dr. Meyers for negligence.  Amy L. Edwards, Orlando Sentinel  07/19/2009 Read Article: Orlando Sentinel     Arbitration Firm Reaches Agreement with Minn. AG One of the nation’s largest consumer arbitration firms has agreed to stop handling claims involving banks and credit card companies to resolve allegations levied by Minnesota Attorney General Lori Swanson. According to a lawsuit filed by the attorney general, the National Arbitration Forum aided debt collection services rather than acting as impartial negotiator. Consumer advocates heralded the agreement, calling it a significant victory for the public.  Staff, Chicago Tribune  07/21/2009 Read Article: Chicago Tribune     Published by TRIALSMITH, Litigation Tools for Trial Lawyers