NASHVILLE, Tenn. - Thousands of people are administered the wrong treatments every day by medical professionals, causing an estimated 180,000 deaths each year, according to a new report from the U.S. Department of Health and Human Services.

Nashville attorney Randall Kinnard says moves to limit liability for medical malpractice cases may, on the surface, appear to be money-saving ideas, but he believes patients and families harmed or killed by carelessness or inattention must be able to find justice.

"If you limit someone's responsibility and accountability, you're going to drive up the number of mistakes by medical care professionals. That's just human nature."

Kinnard says few drivers set out to cause car accidents, but being involved doesn't lessen the liability of the person who caused the wreck. In the same way, he says, medical professionals shouldn't get a pass.

"It's the negligence, regardless of the state of mind of the person who was careless, that counts. So, we're all subject to the same rules, and there shouldn't be some kind of special rule for medical care providers because they made a, quote, 'honest' mistake."

The latest report from the Tennessee Department of Commerce and Insurance says that in 2008 more than 3100 medical malpractice claims were closed in the state, and more than 5000 were still pending.

Critics of the system say not all the claims are justified, and that frivolous malpractice suits clog the courts, costing insurance companies millions that could be better spent on reimbursing for care.

The HHS report is at www.nejm.org.

The Tennessee Commerce Dept. report is at tennessee.gov





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If your holiday shopping list is far from complete, consumer advocates in Nebraska hope you don't ignore warning signs of scams in the rush to buy gifts.

In a digital world, there are always new things to pay attention to.

Over the past few years, shoppers have been warned about avoiding gift card scams, or not falling prey to phony texts about a shipment delay.

Jina Ragland - associate state director of advocacy and outreach for AARP Nebraska - said the emergence of cryptocurrency in the online trading world presents another challenge, including during the holiday shopping crunch.

"Scammers and fraudsters are using the same types of scams that they've used in the past," said Ragland, "but they're now soliciting people to pay them through the cryptocurrency ATMs, using things such as bitcoins and that."

AARP says if you're directed to send someone money by converting cash to cryptocurrency at a convenience store kiosk, it's a scam.

As for other tips, experts note scammers can tamper with gift cards on store racks and steal the funds when the card is activated.

They say it's best to ask for a gift card sold behind the counter. They also advise regularly updating software on your electronic devices for additional fraud protection.

Ragland said if you get a call from someone initiating a scam about a purchase you never made, asking for a call-back number will quickly get their attention.

"Typically, you will find if you do ask for a call-back number, they're going to hang up on you immediately," said Ragland, "because they've not gotten what they need and they want it, and they know you're on to them. "

Overall, Ragland said a key thing to remember is, if you see an online ad for something that appears too good to be true in terms of price, it's usually a fishy deal.

Shoppers are also encouraged to take advantage of tracking information and other shipping supplier services, and to schedule deliveries for when you or someone you trust is present to receive them.

Arizona ratepayers could end up paying more for utilities if state regulators decide to change the ratemaking process.

The Arizona Corporation Commission is set to vote on a proposed policy statement today, which would allow Arizona utilities to move from a historical "test year" model to a formula rate plan. A formula rate plan is used to adjust a utility's base rates outside a general rate case, many times because of increases in the average cost of utility service.

Diane Brown, executive director, Arizona Public Interest Research Group Education Fund, called the proposed change "seismic," and is concerned ratepayers could experience "higher utility bill aftershocks on an annual basis," as a result.

"There appears to be a full-court press to approve a policy statement that essentially upends a long-standing ratemaking process without providing the necessary time and attention to details," Brown contended.

Supporters of formula rate plans said they can help stabilize a utility's rate of return without a full rate case review. Brown argued ratepayers in states using formula rate plans have experienced "higher costs alongside decreased transparency and less opportunities for public engagement." Groups are calling on the commission to grant more time for the decision, to allow experts and consumers a chance to weigh in.

Consumer groups believe the proposed policy statement, which was made public late last month, has been rushed for a vote. Brown argued there is no need to change a system that has worked well, for one lacking specificity, which could usher in unintended effects.

"The commission should slow down the significant shift in ratemaking by addressing questions and requests that stakeholders have presented to commissioners and staff," Brown asserted.

The commission countered stakeholders have had enough time to voice their opinions following workshops held in March and October of this year on the issue, all in an effort to provide Arizonans with reliable service and predictability in utility costs.

When surveyed, 77% of Americans prefer to buy goods made in the United States, especially during holidays, and 82% said they would buy more if available.

A new poll from the American Alliance for Manufacturing conducted the survey.

According to Amazon's Small Business Impact report, independent sellers in Kentucky sold more than 22 million items last year. But despite a strong consumer preference, online retailers are not required to provide country-of-origin labeling.

Scott Paul, president of the Alliance for American Manufacturing, said while U.S.-made gifts may have a slightly higher price tag, they do not come with ethical baggage as some items made in other countries.

"There's no tariffs paid on them. They're not necessarily subject to inspection," Paul outlined. "We know from reports that a lot of them are not made particularly well, that have some toxins in them, and may come from supply chains that have forced labor. "

Around 20% of holiday shoppers will use Chinese apps such as TikTok and Temu this holiday season. The Alliance's online 2024 Holiday Gift Guide lists products from more than 100 manufacturers and makers from all 50 states.

Paul pointed out shoppers have a variety of reasons for seeking out U.S.-made products ranging from sustainability to ethical supply chains. He noted three in five Americans said they have made a conscious effort to buy American-made products in the past year.

"It could be about patriotism and supporting local jobs but whatever the reason for it, it's actually something that I think unites a lot of people in our country," Paul asserted. "That's really important, especially as we get closer to the holidays."

More than 363,000 small businesses operate in Kentucky, employing 42% of workers in the Commonwealth, according to federal data.