Medical Malpractice System Wasting Billions, Doing Injustice

National Journal Magazine:  “Our medical-malpractice lawsuit system is too capricious and too clogged with costs and delays to do justice for malpractice victims or for wrongly sued doctors. It also does little to deter malpractice.  Worse, unless fundamentally reformed, malpractice law could greatly weaken efforts to control health care costs. The main reason, in the view of many experts, is that doctors’ fear of unwarranted malpractice liability helps spur many billions of dollars in unnecessary “defensive medicine” costs.”

Man Prosecuted for Possessing Eagle Feathers

The First Amendment to the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .”  Notwithstanding the First Amendment, Congress passed a law that establishes religions of native American Indians.

In 2002, Samuel Wilgus, a non-Indian, was prosecuted for illegal possession of eagle feathers under the Migratory Bird Treaty Act and the Eagle Act. Wilgus received training in the Native American Church and was given the feathers as a gift. Eagle feathers are an important part of many native religions, but currently, only American Indians have the right to use and posses eagle feathers.  This poses a problem for non-native followers of Indian religions. Should someone like Wilgus have the same right to posses eagle parts as Indian practitioners?

Stupid Human Tricks: David Letterman & the Law

Wall St. Journal:  “What to make of this David Letterman situation?  On the sheer spectacle of the thing, we could go on and on — the weirdness of the alleged extortion plot, matched pound-for-pound by the weirdness of his on-air ‘confession,’ etc. But because we’re in the biz of all-law-all-the-time (except when we’re not, at which times you let us hear about it), we’re going to stick to the story’s legal intricacies.”

Document Employee Behavior to Avoid Lawsuits

Good advice for all employers.  When an employer has a problem with an employee that might lead to discipline or termination, the employer should document all employment-related problems in case the employee files a lawsuit or takes other action against the employer.  Here is a summary of some of the important topics discussed in this article:

  • Document daily
  • Don’t just document the bad performers
  • Just the facts, ma’am
  • Provide periodic feedback
  • Avoid ‘Lake Wobegone’ evaluations
  • Not everyone can “exceed expectations”
  • Act promptly
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