TortsProf Blog

Miller & Tucker on Incentives of Adopting Electronic Medical Records

Amalia Miller (Virginia-Economics) & Catherine Tucker (MIT-Management Science) have posted to SSRN Electronic Discovery and Electronic Medical Records:  Does the Threat of Litigation Affect Firm Decisions to Adopt Technology?  Here is the abstract:

After firms adopt electronic information and communication technologies, their decision-making leaves a trail of electronic information. We ask how the threat of litigation affects decisions to adopt technologies that leave more of an electronic trail, such as electronic medical records (EMRs). EMRs allow hospitals to document electronically both patient symptoms and health providers' reactions to those symptoms. We find evidence that hospitals are a third less likely to adopt electronic medical records if there are state laws that facilitate the use of electronic records in court.

--CJR

Personal Injury Roundup No. 40 (6/19/09)

I hope you are enjoying the opportunity to focus exclusively on scholarship as much as I am.  Without further ado...

Reform, Legislation, Policy

• Obama open to med mal reform, but not damage caps.  (ABA Journal)
• States reform med mal for ER docs. (Point of Law)  On this issue, AZ bill advances. (AZCapitolTimes)  I prefer a different approach.

Trials, Settlement and Other Ends

• In NC:  a $500,000 alienation of affections and criminal conversation award.  (Overlawyered)  Again, I prefer a different approach.  (I'm feeling contrary.) 
• Jury awards $1.8M in MI med mal death case.  (Morning Sun)

Damages

• Will Exxon now pay for the Valdez spill?  (The Pop Tort)  (See also Legal Newsline.com)

Appeals    

• A decision that was to clarify PA products law has been dismissed as improvidently granted.  (Drug & Device Law)

Miscellaneous

• VA law firm Williams Mullen has started a new business tort blog, Unfair Business Practices.  (Day on Torts)

--CJR

Korzec on Federalizing Products Liability

Rebecca Korzec (Baltimore) has posted on SSRN her 2003 article Products Liability Harmonization:  A Uniform Standard.  Here is the abstract:

Among industrialized nations, the United States is unique in addressing tort law at the state rather than the national level. For example, Australia and Canada, which share a common-law heritage with the United States, have federal tort systems. The United States approach may be appropriate in some tort settings, such as in the premises liability or motor vehicle accident context (not involving a claim of products liability), where the state rule’s impact remains within that state’s geographical boundaries. Unlike the simple 'fender-bender', which occurs within the borders of one state, the typical product is manufactured and marketed nationally or internationally. Therefore, several factors suggest that uniform federal treatment of product liability laws may be a more desirable means of regulation.

--CJR

Obama to Embrace Apology Legislation as Med Mal Reform?

So surmises McKnight's in this brief piece.

--CJR

Have You Friended Your Drug Company?

As the Washington Postreports, drug companies are getting creative in their marketing, using Facebook, Twitter, MySpace, YouTube and other on-line outlets to pitch their products.

The FDA is watching the development with interest. "If drug companies or others working on behalf of drug companies wish to promote [their products] using social media tools, FDA would evaluate the resulting messages as to whether they comply with the applicable laws and regulations." said Karen Riley, a spokeswoman for the agency. "Our laws and regulations don't restrict the channels that prescription drug companies choose to use for disseminating product promotional messages."

- SBS

Democrats Put Tort Reform "On the Table"

As part of President Obama's health care package, top Democrats have begun saying that tort reform is on the agenda.  In particular, former Senate Majority Leader Tom Daschle told CBS's Early Morning Show that "tort reform is going to be on the table."

Coverage of this topic abounds:  New York Times, WSJ Law Blog, CBS News Political Hotsheet, Associated Press, and NY Times Op-Ed.

- SBS

Pace Environmental Law Review Announces New Peer Review Process

As of August 1, 2009, Pace Environmental Law Review (PELR) will use a new Peer Review process to select articles for publication.  Submissions will be reviewed internally and then forwarded to a select group of Peer Reviews - academics, practitioners and experts in the field, including members of Pace Law School’s world-renowned environmental law faculty.  The Peer Review process will offer new and distinctive opportunities to foster continued debate and reflection upon some of the most pressing topics within the field of environmental law.  Articles selected for publication will benefit from:

• Expedited editorial processing of 8 to 10 weeks from acceptance
• Single-article hard copy publication
• Inclusion in a bound volume distributed to PELR's wide-ranging list of subscribers

For more information, visit PELR's website. 

- SBS

Satire: Soda Under FDA Control

As the San Francisco Examiner reports, Congress has passed a bill giving the FDA authority to regulate soft drinks.  President Obama is expected to sign the legislation.

UPDATE:  Thanks to blog readers Laurie Simpson and Professor Kathryn Kelly (Catholic) for pointing out that the Examiner article was meant as satire of the new tobacco legislation. 

- SBS

Oregon Bill Would Extend Statute of Repose Against Manufacturers

An Oregon bill that would extend the state's statute of repose against manufacturers from 8 to 10 years is headed to the governor for signature.  StatesmanJournal.com has the details.

--CJR