Error-Prone Doctors, Count Your Blessings
Proponents of so called “tort reform,” including many physicians, love to complain about “runaway” verdicts and “sky-rocketing” liaiblity insurance premiums. But if you live in the Netherlands, you might find yourself less bothered by such petty concerns. Why? Because its Health Minister has submitted a bill to parliament that would make medical malpractice a crime punishable by [...]
NY Court of Appeals Rules On Subrogation Rights of Health Insurers
In a decision issued today, Fasso v. Doerr, NY Slip Op 01320 (2009), New York’s Court of Appeals addressed an issue that comes up repeatedly in medical malpractice and personal injury actions. Can the plaintiff and the defendant come to a settlement agreement that extinguishes the insurer’s subrogation rights? The Court’s answer? Not without the subrogee’s consent. [...]
Facebook’s Connection to Brooklyn Suicide, cont’d.
If you examine Facebook’s Terms of Use, you will see that at least one of its attorneys anticipated that Facebook could be used in the context of bringing harm to someone. Here is the what Facebook has on its site regarding “user content.” User Content Posted on the Site You are solely responsible for the photos, profiles (including [...]