Blog of law articles

Have you guys seen this new 11th Circuit opinion from Judge Carnes on Tenet Health Care, affirming an sj and bad Daubert ruling against plaintiff Boca Raton Community Hospital?

I love the first paragraph:

More than a hundred years ago the mother of modern nursing, Florence Nightingale, observed: “It may be a strange principle to enunciate as the very first requirement in a Hospital that it should do the sick no harm. It is quite necessary, nevertheless, to lay down such a principle . . . .” When Nightingale wrote those words hospitals were not the sanitary sanctuaries they have become, and the harm she meant to shield her patients from was new or worsening illness. Since then the health care situation has become more complicated. Some hospitals are part of profit-driven, multi-billion dollar corporations, and the harm they can do has taken on additional forms. One such corporation is Tenet Health Care, and this case is about the economic harm it did by manipulating part of the Medicare program.

Unfortunately, the 11th affirmed the district court on the Daubert ruling, leaving the plaintiff with no evidence of RICO injury, which consequently provided the basis for the sj ruling.

That means the government appears to be the sole entity legally capable of addressing the economic harm inflicted by Tenet on the many overcharged "outlier" patients that Judge Carnes writes so eloquently about.

BTW, how's all that health care reform stuff going?

Well it's a three-day weekend so I hope you all are leaving early and heading out for fun and sun.

I have quite a bit planned myself, including understanding the mysterious upper palate, continuing my vigorous workout regimen and, of course, watching what I eat.

I actually really like the history behind Labor Day, so as you get ready to keep your kids home next week so the little tyke won't be exposed to Socialist Indonesian Madrassa-talk, you can also reflect on how the generally inferior Canucks came up with it first -- just like single payer, Alanis, and french fries with gravy (well, there is the issue of William Shatner).

Have a great weekend everyone!