High Five Newsletter 12/14

DEC 14, 2023 | PRACTUS LLP

High Five Newsletter 12/14

1. Making you sick? States with highest malpractice

And the winner, we mean loser, for states where doctors are most likely to misdiagnose you is … New York. Don’t get cocky New Jersey or Pennsylvania. Data looking at the number of medical malpractice cases in all 50 states between 1990 and 2023, ranks them one, two and three for bad medicine. In fact, six of the top 10 states for medical mistakes have a view of the Atlantic. You OK East Coast? And hold on to your shrimp and grits, Alabama ranked safest. Researchers say population size may be a factor. That doesn’t explain New Mexico’s top five appearance or California’s absence.

Turn your head and cough here…

2. Young, buff workers in ads bring EEOC lawsuit

We’re guessing that if you need furniture moved, you’d call a company like Meathead Movers that’s made chiseled college athletes their brand, before you’d tap Middle-aged Movers – “All the dad jokes, none of the sciatica!” Even so, the Equal Employment Opportunity Commission is suing California-based Meatheads for age discrimination bias in their advertising.  No one’s complained, but feds say Meatheads’ marketing, which shows clean-cut, youthful student athletes pumping iron before they load furniture discourages older people from applying to work there. And the trucks that say “Student-athlete movers” don’t help either. Meathead execs say they’d happily hire older workers– most don’t want to huck pianos upstairs.

Pivot, pivot, pivot, here…

3. Lawsuit: Humana’s Dr. AI illegally denying care

Health insurer Humana is accused of using a less than humana touch to deny seniors rehabilitation care. A class action lawsuit claims an AI algorithm trumped doctor recommendations, prematurely cutting off payment for injured or ill elderly patients enrolled in Medicare Advantage. Bedside manners aren’t so great either. The lawsuit claims Humana knows the tool is highly inaccurate but used (and still uses) it anyway knowing most people won’t appeal denials. Cigna and UnitedHealth face similar lawsuits over AI algorithm use and Congress is asking questions. In January federal rules will begin restricting how Medicare Advantage plans use them to make some coverage decisions.

Dr. AI will see you now…

4. Chicken Nation? Misprint on Cherokee Barbie

The road to hell is paved with good intentions and Barbiewire. Mattel created a Barbie doll honoring the late Wilma Mankiller, the first female Principal Chief of the Cherokee Nation, as part of its “Inspiring Women” series. All good. They worked with Mankiller’s estate. All good. Except that wasn’t Kenough. The packaging features a symbol that translates to “chicken” not Cherokee. Tribe officials say Mattel didn’t Kennect directly with the Cherokee Nation’s government to secure the official Seal or verify it. It’s not all disappointment in the Malibu Dream House. Cherokee officials say the printing mistake doesn’t diminish what the tribute to Mankiller means.

Skipper to the rest of the story here…

5. Chinese name games in San Fran elections

San Francisco’s cracking down on a unique election practice – candidates choosing their own Chinese names to appear on the ballot, regardless of whether they’re Chinese. Candidates often strategically select names to convey personality traits or bolster their image. “Correct and Fair” or Michael Nava ran for Superior Court judge but lost.  However, Safety and Pleasant, aka Brook Jenkins did win her District Attorney slot. The practice came under scrutiny when one candidate “accidently” took a Chinese name the same as her opponent, who’d had the name since birth. This year city officials are requiring candidates to submit proof they’ve used a Chinese name for at least two years.

Ballot boxed and ready to go here

This Practus, LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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