Friday, July 25, 2014

Tracy Morgan Sues Wal-Mart Over Injuries Sustained in Semi Truck Crash

Actor/comedian Tracy Morgan, known for his work on the television shows Saturday Night Live and 30 Rock, is suing retail giant Wal-Mart over injuries sustained when his limousine bus was struck by a tractor-trailer on the New Jersey Turnpike last month. The driver of the truck, Kevin Roper of Georgia, is not named as a defendant in the lawsuit. Rather, the complaint alleges that Wal-Mart was negligent in several ways, including:
  • Having Roper commute 700 miles to work and then assigning him a long driving shift, rather than having him report to a distribution facility closer to his home
  • Allowing Roper to drive a truck whose automatic brakes and collision-avoidance systems were not working properly
  • Allowing drivers to routinely work shifts longer than are permitted under FMCSA regulations, including driving beyond the maximum hours per day, driving too many consecutive hours without rest, and driving beyond the maximum allowed hours per week
Roper is said to have gone without sleep for 24 hours prior to the crash. He also may have been driving beyond allowable FMCSA regulation limits. The Federal Motor Carrier Safety Administration allows a trucker to work up to 14 hours a day, with a maximum of 11 hours behind the wheel. At the time of the accident, Roper had already clocked 13 ½ hours on the job.

Roper's own negligence could make him liable for the injuries caused. As Roper's employer, Wal-Mart may be held liable for the negligence of its employee, as well as its own negligence and reckless and intentional misconduct as outlined in the lawsuit.

Thursday, July 3, 2014

Florida Supreme Court Finds Ample Evidence Against Caps on Damages in Medical Malpractice

In March of this year, the Supreme Court of Florida held that the state law putting a cap on noneconomic (pain and suffering) damages in medical malpractice cases of wrongful death was unconstitutional (see blog, March 15, 2014). The court in Estate of McCall v. U.S. went on at length to produce studies, reports and testimony that all found that caps on damages have little relevance to the so-called medical liability crisis which is so often cited as the need for damages caps.

One report cited by the court was a study conducted by Weiss Ratings, an independent research and analysis firm covering the medical insurance industry. This report showed that premiums in several high-risk specialties (internal medicine, general surgery, obstetrics/gynecology) actually increased at a slower rate in states that did not have damages caps compared to states that did. In addition, in states without caps, medical liability insurance premiums either remained static or declined more often than in states where caps were in place. The conclusion drawn by the study's authors was that other factors played a more important role in medical malpractice premiums than caps on damages did.

The court found other reports that deflated the myth of doctors fleeing states or areas of practice due to malpractice concerns and insurance rates, including a report by the federal General Accounting Office. In addition, some of the court's best evidence came from the insurance industry itself. In testimony before the Florida Senate Judiciary Committee, the President of First Professionals Insurance Company testified that a $500,000 cap on noneconomic damages would accomplish "virtually nothing" to reduce insurance premiums for medical malpractice. The president, Robert White, testified that the insurance company had a more positive experience in Florida when there were no damages caps than it did in Missouri, which had caps at the time.

Fort Collins VA Clinic Under Fire for Falsifying Medical Records, Delaying Treatment

A recent investigation by the Veterans Affairs Office of the Medical Inspector uncovered a practice at a VA outpatient clinic in Fort Collins where clerks at the clinic were taught to falsify appointment records to make it look like patients were being seen within the agency goal of 14 days, when in actuality many patients waited months to be seen. A copy of the probe's findings was provided to USA TODAY, which wrote a piece on the investigation. The Chicago Tribune has also picked up on the story and reports on the calls from legislators for criminal investigations into the actions at the VA.

This news is particularly disturbing in light of recent allegations by a former doctor and whistleblower that dozens of veterans died due to delays in treatment at a Phoenix VA hospital. This matter is currently under investigation by the VA Office of Inspector General, but it includes claims that workers there were falsifying records to mask delays in treatment much like the OMI found present in Fort Collins. Unreasonable delays in diagnosis or treatment may be considered medical malpractice, with doctors and hospitals potentially liable for any serious personal injury or wrongful death that results.