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Now Available: Detailed info about every Medicare and Medicaid-certified nursing home |
| Nursing Home Compare has detailed information about every Medicare and Medicaid-certified nursing home in the country and includes the following: Updated quality measures based on a new resident assessment called MDS 3.0.; Ownership information including the names of individuals and organizations with ownership or managerial control of nursing homes; and Full text of survey findings (Statements of Deficiency) from each nursing home’s most recent health inspections. Click on the headline to learn more. |
Center for Justice & Democracy: Here’s what is really true about the U.S. civil justice system |
| A chart is making its way around the Internet called “We The Plaintiffs ... A Closer Look at America’s Obsession with Lawsuits.” It is written by – or was given to – a company named “eLocalLawyers.” The chart is heavy on graphics and low on truth. For a truthful perspective on “tort” (or personal injury) litigation today, a far better source is the impeccably researched academic study, “The empirical effects of tort reform,” by Cornell Law School Professor Theodore Eisenberg, a leading authority on the use of empirical analysis in legal scholarship. Click on the headline to learn more. |
Laws/Cases |
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Ohio Couple Settles with Houston Pipeline Company |
| A rural southern Ohio couple say they have settled with Houston-based Tennessee Gas Pipeline Co. over a Nov gas line explosion that destroyed four structures, including the couple's home. John and Kathy Sayers said that executives of the firm improved terms of the deal after viewing videotaped footage of the damage. Details are protected under a confidentiality agreement. Engineers said landslides and a crack in a pipeline weld caused the natural gas line explosion that destroyed three houses and a barn. The Sayerses' house was reduced to a few bricks and a partial foundation after a 36-inch-diameter pipeline exploded about 50 feet away. Associated Press, Houston Chronicle 07/23/2012 | Read Article: Houston Chronicle |
Tulsa Officers Fabricated Documents, Suit Says |
| A former inmate in Oklahoma has filed a lawsuit against the city of Tulsa and a police officer, claiming police fabricated information that led to his imprisonment. The plaintiff claims he learned that the search warrant and affidavit in his case were "completely made up and falsely verified by Tulsa police officers." The plaintiff is seeking $75,000 in damages. Wire Report, NewsOK.com 07/23/2012 | Read Article: NewsOK.com |
Issues |
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Chemical Safety Board: Offshore Industry Falls Short on Safety Monitoring |
| After the lethal explosion at BP’s Texas City refinery that killed 15 workers in 2005, the oil industry boosted safety at industrial operations on land but never made the same improvements offshore, according to federal investigators meeting in Houston this week. The Chemical Safety Board is set to conclude that the offshore drilling sector’s focus on monitoring individual worker injuries — while ignoring bigger warning signs of “process safety” problems that could lead to emergencies — set the stage for the Deepwater Horizon disaster. Jennifer A. Dlouhy, Houston Chronicle 07/23/2012 | Read Article: Houston Chronicle |
Healthcare |
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Patients Take Frustrating, Labyrinthine Journey to Uncover Hospital Costs |
| Nationally, there is a move toward greater transparency in hospital costs, but hospitals are not leading it. Hospital officials say posting their prices, even an average cost for a particular procedure, would be more confusing than helpful to consumers because many factors determine cost. "The real cost of health care is one of the best-kept secrets in America," said Lisa McGiffert, a senior health policy analyst at Consumers Union. U.S. health care costs climbed to nearly $2.6 trillion in 2010, more than 17 percent of the economy. Those costs are expected to consume 20 percent of the economy by 2020, according to an April article in the Journal of the American Medical Association. Mary Ann Roser, Austin American Statesman 07/23/2012 | Read Article: Austin American Statesman |
Insurance |
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Dallas-Area Home Insurance Rates Can Vary by Hundreds |
| Homeowners in some parts of the Dallas area are paying hundreds of dollars more a year for insurance than their counterparts across town, even though they have similar homes, coverage and claim histories. New rate figures compiled by the TDI, analyzed by The Dallas Morning News, show wide disparities in the metropolitan area. Insurance companies say they are justified by their loss trends and other factors. But such explanations may be hard to swallow for homeowners who are paying higher premiums even though they have filed no claims with their insurer for several years, according to consumer groups. TERRENCE STUTZ , The Dallas Morning News 07/23/2012 | Read Article: The Dallas Morning News |
Labor/Employment |
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Suit: Galveston ISD Discriminates in Hiring Process |
| A lawsuit has been filed against the Galveston school district, alleging the school system favors white job applicants over minorities. The lawsuit, filed by the former director of transportation, claims he was denied the opportunity to apply for certain positions, and was eventually dismissed from his job because he is not white. The suit is seeking unspecified damages. Chris Paschenko, Galveston County - The Daily News 07/23/2012 | Read Article: Galveston County - The Daily News |
TEXAS LAWYER CASE SUMMARIES |
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Tyler Court of Appeals: Torts |
| The plaintiffs brought claims of intentional infliction of emotional distress in a dispute between neighboring property owners. The defendants appeal the trial court's judgment. Because the basis of the IIED is several alleged torts, the gravamen of the plaintiffs' claim is not IIED. Further, there was no evidence showing a high degree of mental pain that is more than mere worry, vexation, embarrassment or anger. The trial court's judgment is reversed and rendered in part and affirmed in part. Vaughn v. Drennon, Tyler Court of Appeals, No. 12-09-00064-CV, 07-11-2012. Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only) 07/23/2012 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Malpractice |
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Alabama Hospital to Pay $15 Million in Lawsuit |
| Springhill Memorial Hospital in Alabama will pay $15 million for the wrongful death of a 45-year-old woman who died of an overdose of a powerful anesthetic medication in 2008. The jury found a nurse made numerous errors in issuing the medication Propofol during routine post-op care. Trial evidence established that the woman was an "ideal, low risk" candidate who underwent a successful bypass surgery earlier that day. Staff Report, Reuters 06/29/2012 | Read Article: Reuters |
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