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Austin Personal Injury Blog

Should Physicians Disclose Gifts From Drug Manufacturers?

21 Nov

The Nov. 1, 2007 issue of the New England Journal of Medicine has an article encouraging federal legislation to require pharmaceutical and medical device companies with more than $100 million in revenue to disclose the amount of money and gifts they give to physicians. The bill, entitled the “Physician Payment Sunshine Act,” is “about letting…

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In Support of Pakistani Lawyers

15 Nov

Jay Harvey, an Austin personal injury lawyer and current president of the Texas Trial Lawyer’s Association, has a letter to the editor in today’s paper supporting the Pakistani lawyers who are standing up for the rule of law. There have been demonstrations all over the country in support of the lawyers, including demonstrations in New…

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Tort Reform in The ER

14 Nov

Several states, including Texas, have special laws protecting emergency room physicians from medical malpractice litigation.  These protections may include higher burden of proof on the plaintiff or a different standard of care (for example, providing only liability when there is gross negligence). Last week, the Torts Prof Blog outlined an interesting medical malpractice reform proposal being…

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Personal Injury Subrogation In The News

09 Nov

We’ve previously written about the problems of personal injury subrogation and ERISA subrogation. Now, a Minneapolis television station has run a story outlining the problems that a husband has encountered surrounding subrogation in the medical malpractice context. There are two things that are interesting about the story. First, it’s a good background on subgrogation. The…

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Be Careful What You Ask For

07 Nov

There is a long line of politicians who vote for various tort reform measures only to need to turn to the tort system themselves.  The latest is Florida Republican Stephen Wise, a strong supporter of reform of medical malpractice and nursing home litigation.  According to the Florida Times Union: As a state representative and senator representing…

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