Thursday, February 14, 2008

Expert Witness Loses License for Resume Falsity

Here. Every word of the resume should be verified. Every assertion in testimony should be checked against prior testimony. Why time was it, the expert was lying? The assertion of a false fact may also represent perjury and criminal contempt.

Monday, February 11, 2008

Bangalore Lawyer Attempts Suicide in the Court

Here. Perhaps, the court may be sued for failing to prevent it.

Duty to Google - Does It Rebut All Claims to Lack of Informed Consent?

All people in the US have access to the internet. Does such access end all claims for lack of informed consent, for example, the induction of suicidal ideas by anti-depressants?

This appellate decision held that a lawyer should have Googled a party to find them. The judge did that from the bench. He found them, rebutted the claim, they could not be found.

See p. 2 below for an establishment review of the nascent case law on the duty to Google. This idea is not even new nor creative. It just awaits application by the defense bar.

http://www.ali-aba.org/doc/IFF0705.pdf

The patient has knowledge superior to any party, second by second facts of bodily sensations and functioning, reaction to a medication. That should become part of the contributory negligence defense, including the failure to communicate every gurgling and twinge in contemporaneous, time stamped emails.

Next, the ongoing process of informed consent is literally impossible if delivered by the doctor, even if an hour is spent reading the surgery text word for word together. The patient will forget it all 15 minutes after leaving. Only repetitious review helps people understand and remember.

Sunday, February 10, 2008

Collection of Suicide Notes

Here. Without comment.

Hand Wringing NYT Article on Suicide Has a Simple Remedy

Here. It seems none of the FDA experts, nor anyone the NYT is likely to interview attended eleventh grade Statistics.

If one corrects for the large sample sizes, the differences in the rates of suicidal ideas becomes no longer statistically significant. This error would get points off on a high school statistics test.

Jury Deliberation Causes Suicide

I would support a lawsuit against the judge and jury for taking too long. The defendant committed suicide. The judge called a mistrial on substantive grounds, not knowing about the suicide.