Hackers take over sentencing commission website

The hacker-activist group Anonymous says it hijacked the website of the U.S. Sentencing Commission to avenge the death of Aaron Swartz, an Internet activist who committed suicide. The FBI is investigating.

The website of the commission, an independent agency of the judicial branch, was taken over early Saturday and replaced with a message warning that when Swartz killed himself two weeks ago "a line was crossed."

The hackers say they've infiltrated several government computer systems and copied secret information that they now threaten to make public.

Family and friends of Swartz, who helped create Reddit and RSS, say he killed himself after he was hounded by federal prosecutors. Officials say he helped post millions of court documents for free online and that he illegally downloaded millions of academic articles from an online clearinghouse.

The FBI's Richard McFeely, executive assistant director of the Criminal, Cyber, Response, and Services Branch, said in a statement that "we were aware as soon as it happened and are handling it as a criminal investigation. We are always concerned when someone illegally accesses another person's or government agency's network."

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Court rules Obama recess appointments unconstitutional

WASHINGTON — A federal appeals court, dealing a defeat to President Obama, has sharply limited the chief executive’s power to bypass the Senate and to make temporary “recess” appointments to fill vacant slots in government agencies.

The Court of Appeals for the D.C. Circuit, in a 3-0 ruling,  said the president can make recess appointments only when the Senate has formally adjourned between sessions of Congress, not when lawmakers leave Washington for a brief break.

The Obama administration is almost certain to appeal the decision to the Supreme Court. But if the ruling stands, it strengthens the power of the Senate’s Republican minority at the expense of Obama and the Democrats.

PHOTOS: President Obama’s second inauguration

During his first term, Senate Republicans, led by Minority Leader Mitch McConnell (R-Ky), refused to approve Obama’s nominees for several agencies, including the National Labor Relations Board and the new Consumer Financial Protection Agency created in the wake of the Wall Street collapse of 2008. McConnell could rely on the filibuster rule by which the minority can block a vote by the majority.

In response, Obama invoked his power under the Constitution “to fill up all vacancies that may happen during the recess of the Senate.” Obama used this authority last January to appoint several new members to the National Labor Relations Board, ensuring the group had the necessary three members to make decisions. In addition to the NLRB appointments, Obama also installed Richard Cordray as director of the Consumer Financial Protection Bureau at the same time.

Business groups and Senate Republicans challenged the move, arguing the Senate was not truly in recess last January when it was out of session for several days.

In Friday’s decision, Chief Judge David Sentelle ruled for the challengers and said a “recess” refers to the break when Congress formally adjourns after a two-year session.

“An interpretation of 'the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law,” said Sentelle, an appointee of President Reagan. He was joined by Judges Karen Henderson and Thomas Griffith, who are also Republican appointees.

PHOTOS: President Obama’s past

Cordray’s appointment is being challenged in U.S. District Court in Washington, D.C., in a separate lawsuit by a Texas bank and two free-market advocacy groups. They also claim the appointment was unconstitutional because the Senate was not in a formal recess. The suit is pending.

On Thursday, Obama renominated Cordray to the five-year term as director of the 2-year-old agency. Cordray’s recess appointment expires at the end of the year.

Obama said Thursday that Cordray was qualified for the position, but “he wasn’t allowed an up or down vote in the Senate, and as a consequence, I took action to appoint him on my own.”

Staff writer Jim Puzzanghera contributed to this report.

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DUST 514, Online Shooter Set in EVE Online Universe, Enters Open Beta

First announced in 2009, CCP Games’ online first-person shooter tie-in to its popular sci-fi MMO, EVE Online, was finally released as an open beta on Tuesday. Called DUST 514, it allows PlayStation 3 owners to play in the same world as EVE Online, fighting ground battles while EVE Online pilots contest star systems. The results of DUST 514 matches affect worlds and in-game corporations in EVE Online, and EVE Online players can even use starship weaponry to bombard the planets DUST 514 matches take place on.

Introducing New Eden

EVE Online and DUST 514 take place in a distant star cluster called New Eden. In a scenario sort of like ” Stargate” meets ” Star Trek: Voyager,” human space explorers found themselves trapped in New Eden, impossibly far from Earth, after using a one-way portal. Many thousands of years later, their descendants have formed completely new nations and ethnicities, and fight each other in space and on the ground over resources or ideology.

The most difficult MMO ever?

Widely regarded as very difficult — a popular infographic depicts EVE’s learning curve as a sheer cliff littered with stick figure bodies — EVE Online is also known for its byzantine politics, which take place completely between players. Player-run alliances sink years into building enormous spacecraft, which can vanish in a single battle or thanks to one person’s treachery.

A study in contrasts

DUST 514 is only available on the PlayStation 3 console, whereas EVE Online is for Windows PCs and Macs. DUST 514 is free to play and has no monthly fee, while EVE costs money to start and up to $ 14.95 per month (although there’s an expensive in-game item which can be used to offset this fee). But perhaps the biggest contrast is the level of commitment required. Instead of managing a whole spacecraft and needing to keep track of where it’s docked, DUST 514 players can just jump into instant battles, and are rewarded with experience and in-game currency each time.

Since the two games were linked together just a few weeks ago, however, EVE Online politics are beginning to affect DUST 514, and groups of players are getting drawn into its conflicts — or being sent by EVE in-game alliances to fight for them.

A work in progress

DUST 514 still bears the “beta” tag, and the end-user license agreement reminds players of this, even pointing out that CCP Games may choose to reset players’ gear and experience points at some time in the future. It has a very limited number of planet environments and only two styles of play, which basically amount to capture the flag and team deathmatch. CCP continues to develop DUST, however, promising that even more content will be available in the future.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.

Linux/Open Source News Headlines – Yahoo! News

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Shakespeare, his work, come to life in PBS series

LOS ANGELES (AP) — Jeremy Irons has a suggestion for "Downton Abbey" fans: Give William Shakespeare a try, too.

Irons is among the prominent hosts of "Shakespeare Uncovered," an inventive series tracing the origins of eight of the writer's plays through a combination of history, new analysis, selected scenes — and, for Irons, a gallop on horseback across a fabled battlefield.

The series begins 9 p.m.-11 p.m. EST Friday (check local listings) on PBS, which happens to be the home of the hit period soap opera, "Downton Abbey."

"Shakespeare Uncovered," along with PBS' planned fall airing of new films of four of Shakespeare's plays, "open up to this huge American audience this gold dust," Irons told reporters recently, and demonstrates that TV "doesn't end with 'Downton Abbey.'"

After then mischievously comparing Shakespeare to an Aston Martin and "Downton" to a Ford Fiesta, Irons admitted he hadn't seen the serial and was just having a bit of fun. But he's serious about the Bard of Avon.

"Watch these Shakespeare productions and you'll see what real writing, what real stories, what real characters are about," he said.

The programs also present actor-writer-producer Shakespeare as a 16th-century impresario who knew how to please audiences and exploit his own work by bringing back popular characters and crafting "prequels."

"Shakespeare Uncovered" opens with Ethan Hawke's exploration of "Macbeth," including visits to the play's Scottish sites, a look at recent productions starring Patrick Stewart and Antony Sher, and an illumination of Shakespeare's grasp of the criminal mind.

It's paired with "Shakespeare Uncovered: The Comedies With Joely Richardson," about "Twelfth Night" and "As You Like It."

"Richard II" with Derek Jacobi and "Henry IV" and "Henry V" with Irons air on Feb. 1, with David Tennant's look at "Hamlet" and "The Tempest" with host Trevor Nunn concluding the series on Feb. 8.

There's travel as well as scholarship for the hosts. Irons visits the battlefield at Agincourt in northern France where, in productions of "Henry V," actors get to tear into the famed St. Crispin's Day speech ("We few, we happy few, we band of brothers").

Irons, who will star this fall in PBS' "Great Performances" adaptation of "Henry IV," said he was shooting the film when he was approached by "Shakespeare Uncovered" producer Richard Denton about taking part.

"Oh, that may be interesting if we can find the time. What do you want to do?" Irons recalled asking Denton. "And he said, 'Well, I want to put you in a boat. I want to put you on a horse. I want to take you to Agincourt.'"

"This sounds very interesting," the 64-year-old actor replied, which opened the door to an unexpected education — and more opportunity for Irons' colorful and unbridled wit.

"I learned, for instance, that the reason we won the Battle of Agincourt is because we had these amazing Welsh archers," while the French, in his words, "wore amazing stuff and great armor and (had) lovely horses, and they pranced around being gorgeous."

Irons' lively approach to the subject matter dovetails with the goal of "Shakespeare Uncovered" as described by producer Denton.

"The real drive (was) to make a series of films that would be entertaining, that would show Shakespeare with the kind of enthusiasm that Jeremy brings to it," Denton said, and would be accessible to those unschooled in the playwright's work.

To please Shakespeare buffs, the programs also include fresh insights into the connection between his life and his art, he said.

The bottom line on the Bard, according to Irons: Shakespeare endures as the greatest dramatist of all because he chronicled the eternal human condition in all its joys and sorrows.

"When we see those plays now, they still speak to us with a resonance that many hundreds of plays written between Shakespeare's time and today don't," he said.

___

Online:

http://www.pbs.org

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Living With Cancer: The Good Patient Syndrome

I remember when being good seemed strategic.

After the technician took out a pad to draw an inscrutable diagram, I nodded and pretended to recognize a squiggle at the center of what looked like a snail. I discussed my oncologist’s research projects, instead of complaining about pain. Generally I answered a nurse’s opening query — “So how are you?”– with a cheery “Good! How are you?” Grumbles about waiting interminably for a scan in a freezing room never rolled off my tongue. When an interventional radiologist managed to remove two stents from my body, I didn’t fault the surgeon who left them there to trigger a massive infection followed by an allergic response to antibiotics: I sent a thank you note to the radiologist.

What was wrong with me? Outside the medical sphere, I am prone to impatience, candor and bouts of argumentative fervor. Had feminine socialization kicked in? As a girl, I was trained to be courteous to people in positions of authority and to revere the saving knowledge of physicians. But men also exhibit symptoms of the good patient syndrome.

Indeed, Anatole Broyard preached its virtues in his book “Intoxicated by My Illness,” although his version was less compliant, more ironic than mine. “If a patient expects a doctor to be interested in him, he ought to try to be interesting. When he shows nothing but a greediness for care, nothing but the coarser forms of anxiety, it’s only natural for the doctor to feel an aversion.” Following this logic, Broyard embarked upon an impersonation: “I never act sick. A puling person is not appealing.” He therefore set out to charm his physicians — to distinguish himself from boring, easily forgotten patients. I did this too, adding a pinch of obedience, a dash of gratitude, and a smidgen of eccentricity to the mix. One doesn’t want to be just any old patient; patients are replaceable.

Since illness had never intoxicated me, why was I behaving like Broyard? The short answer is terror: these people could hurt me.

Were I to seem boring or easily forgotten, should I appear crabby or disagreeable, I might get neglected or, in my anxious imagination, harmed. Not consciously neglected or intentionally harmed, of course, because doctors and nurses have dedicated themselves to helping people whose sickness often makes them boring and disagreeable. But neglected or harmed nonetheless. Like most patients, I am keenly aware that the medical staff at most facilities are overloaded. It is easy to get left for hours unattended on a gurney or starved and freaked when surgeries are perpetually postponed or distressed and bruised when the bindings on limbs are roughly or hastily applied.

But of course adopting the role of model patient does not provide a solution. Much of the caretaking in hospitals remains out of the control of our personal physicians and nurses. And in any case, too much ingratiating docility can be dangerous to a patient’s health.

If I had persisted in asking my surgeon about the fate of the stents that he had implanted in my body, he might have remembered to remove them. If I had not followed to the letter the dosage he prescribed of a heavy-duty antibiotic, especially as I began to get sick to my stomach and dizzy, I might not have had the full-body breakdown of an allergic reaction. Earlier still, if I had insisted on better bowel preps before my first abdominal surgery, or a postponement, maybe the stents and infection and the allergic reaction to antibiotics would never have happened.

Even before that, if I had challenged my general practitioner who diagnosed indigestion, maybe my cancer would have been found at an earlier stage. If my grandmother had wheels, she’d be an omnibus: that’s a family joke.

So much for the magical thinking that good patients receive the best care. Being a submissive or dutiful patient doesn’t always pay off. Who exactly was I being good for? Sometimes it’s good to be bad.

Was I good for nothing? When I was at my most puling and unappealing and too sick to be good, with pain so overwhelming that I had to be taken to my oncologist’s examining room in a wheelchair, she placed her hand on my knee and kept it there while explaining how she would take care of me. Though I could not look her in the eye, though I could not speak for groaning, I took her point. I had foisted the good patient role on myself. She had always seen through the pose to the mortally sick human being. Why else would I be here, I realized.

At that moment I resolved to renounce or rectify my goodness. I don’t always succeed.

---

Susan Gubar is a distinguished emerita professor of English at Indiana University and the author of “Memoir of a Debulked Woman,” which explores her experience with ovarian cancer.

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Stocks gain, boosted by P&G, Starbucks earnings

Stocks rose on Wall Street in midday trading Friday after Procter & Gamble and Starbucks posted strong earnings reports.

The Dow Jones industrial average rose 30 points to 13,855 as of noon Friday. The Standard & Poor's 500 advanced three points to 1,498. The Nasdaq gained eight points to 3,138.

Procter & Gamble, world's largest consumer products maker, gained $2.61 to $73.02 after reporting that its quarterly income more than doubled. P&G also raised its profit forecast for its full fiscal year. Starbucks rose $1.95 to $56.54 after reporting a 13 percent increase in profits.

The S&P 500 broke through 1,500 Thursday for the first time since December 2007, following a drop in claims for unemployment benefits that added to evidence that the labor market is healing. The index fell back but still ended the day fractionally higher and extended its streak of gains to seven days, the longest since October 2006.

“Earnings are growing,” said Joe Tanious, a global market strategist at JPMorgan. “The bottom line is that corporate America is doing exceptionally well.”

Tanious expects corporate earnings to grow at about 5 percent over the “next year or two,” and stock valuations to rise. Currently, the S&P 500 is trading at an average price-to-earnings ratio of 14, below an average of 15.1 for the last decade, according to FactSet data.

Stocks have surged this month, with the S&P 500 advancing 5 percent this month. It jumped at the start of the year when lawmakers reached a last-minute deal to avoid the “fiscal cliff.” Stocks built on those gains on optimism that the housing market is recovering and the labor market is healing. The Dow Jones is up 5.7 percent on the year.

Deutsche Bank analysts raised their year-end target for the index to 1,600 from 1,575.

Companies will be able to maintain their earnings even if lawmakers in Washington decide to implement wide-ranging spending cuts to narrow the budget deficit, the analysts said in a note sent to clients late Thursday.

The yield on the 10-year Treasury note, which moves inversely to its price, climbed 5 basis points to 1.91 percent.

Among other stocks making big moves.

— Netflix climbed $19.61 to $166.47, after the stock logged its biggest single day advance Thursday on the outlook for the company's Internet video service.

— Halliburton gained $1.87 to $39.69 after posting a loss that was smaller than analysts had expected. The oilfield services company said fourth-quarter profits declined 26 percent to $669 million on increasing pricing pressure in the North American market and one-time charges from the Deepwater Horizon disaster. Wall Street had expected worse.

—Hasbro fell $1.45 to $37 after the toy maker said its fourth-quarter revenue failed to meet expectations because of poor demand over the holidays. The company plans to cut about 10 percent of its workforce and consolidate facilities to cut expenses.

— Green Mountain Coffee Roasters rose $1.10 to $44.88 after an analyst noted that sales of a competing coffee brewer introduced by Starbucks were getting off to a weak start.

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Principal ignored earlier report of abuse by teacher, Deasy says

The principal of a Wilmington elementary school received an allegation about four years ago that a teacher behaved inappropriately with a student but took no action, Los Angeles Unified School District Supt. John Deasy said Thursday.

The same teacher was arrested Wednesday on suspicion of committing lewd acts and sexually abusing 20 children and an adult, law enforcement authorities said.

Deasy said he removed the principal from her job after learning last March that she hadn't acted on the earlier allegation. “When I reviewed the personnel file of the teacher,” said Deasy. “It came to my attention that several years earlier, in about 2008, there was an allegation that was not properly reported. That was enough for me” to remove the principal.

Deasy added that the teacher’s file “contained notations of suspected misconduct along the lines of what he was later charged with, which was inappropriate touching of a student. I don’t know the specific nature of the touching.”

Robert Pimentel, 57, who taught at George de la Torre Jr. Elementary School in Wilmington, was taken into custody by Los Angeles Police Department detectives, who had launched an investigation in March after several fourth-grade girls said they had been inappropriately touched.

Prosecutors filed 15 charges against Pimentel involving a dozen alleged victims. The charges allege sexual abuse and lewd acts on a child and cover the period from September 2011 to March 2012, according to court records. Authorities said the teacher is suspected of inappropriately touching children under and over their clothing.

Detectives suspect Pimentel victimized an additional eight children and the adult, LAPD Capt. Fabian Lizarraga told The Times.

The nation's second-largest school district has been rocked in the last year by allegations of sexual misconduct involving teachers and students.

In January 2012, a teacher at Miramonte Elementary School in the Florence-Firestone neighborhood was arrested on suspicion of spoon-feeding semen to students in a classroom and taking dozens of photos. Some of the photos show students blindfolded and being fed allegedly tainted cookies.

An audit released in November concluded that the district failed to promptly report 150 cases of suspected teacher misconduct — including allegations of sexual contact with students — to state authorities as required by law. District officials say they have addressed breakdowns highlighted in the audit.

Parents of children at the Wilmington school were informed within 72 hours after Pimentel was removed from the campus, and the California Commission on Teacher Credentialing was promptly notified, the district said.

District officials prepared a "notice of termination" for Pimentel and the principal, which they had planned to present to the Board of Education in April 2012, Deasy said. But both employees retired before the board meeting.

He said Pimentel and the principal will receive their full pensions because they retired before the district took action against them.

"Can you go back and fire someone who's already retired? No, you can't," Deasy said.

Detectives launched their investigation of Pimentel after some of the children told their parents they had been abused, Lizarraga said. The parents then alerted officers at the LAPD's Harbor Division.

Of the 20 children allegedly abused, 19 were students at the school, according to Lizarraga. He said detectives came across the other child as they gathered evidence.

Deasy told The Times that his recollection was that the adult was a co-worker of Pimentel.

Pimentel, who lives in Newport Beach, had been a teacher with the district since 1974, police said. He was taken into custody shortly after noon Wednesday and was being held on $12-million bail. He is expected to appear in court Thursday.

In the Miramonte Elementary case, former teacher Mark Berndt, 62, is charged with 23 counts of lewd conduct and is awaiting trial. He has pleaded not guilty.

In a separate case, a jury recently awarded $6.9 million to a 14-year-old boy who was molested while he was in fifth grade at Queen Anne Place Elementary School in the Mid-Wilshire area.

The teacher in that incident pleaded no contest to two counts of a lewd act on a child and to continuous sexual abuse of a child younger than 14. He is serving a 16-year prison sentence.

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TSX near 18-month high, buoyed by Agrium, RIM

TORONTO (Reuters) – Canada’s main stock index hit a near 18-month high on Thursday, as shares of Agrium Inc rose after the fertilizer maker raised its profit forecast and as U.S. manufacturing and labor data drove optimism on the economic outlook of Canada’s largest trade partner.

Shares of Research In Motion Ltd also boosted the market, rising more than 3 percent after a report that China’s Lenovo Group said a bid for the BlackBerry maker was among the options available to boost its mobile business.

Canadian stocks were also supported by data that showed Chinese manufacturing growth hit a two-year high this month. Gains were kept in check by falling gold stocks, which slipped with the price of the precious metal.

In the United States, a private survey showed that factory activity advanced at the fastest pace in nearly two years this month, while the government reported the number of Americans filing new claims for jobless benefits hit a five-year low last week.

“There’s a growing feeling that we’re heading in the right direction. The U.S. economy is showing a little bit of life, and that’s spilling over into Canada,” said Fred Ketchen, director of equity trading at ScotiaMcLeod.

The Toronto Stock Exchange‘s S&P/TSX composite index <.gsptse> was up 41.36 points, or 0.32 percent, at 12,835.41, after touching 12,863.47, its highest since August 2, 2011.</.gsptse>

Seven of the 10 main sectors on the index were trading higher.

The materials sector, which includes mining stocks, slipped 0.1 percent as declines in gold stocks offset a rise in shares of fertilizer giants Agrium and Potash Corp .

Agrium rose 3.5 percent to C$ 114.55 after it raised its fourth-quarter earnings forecast as strong grain and oilseed prices spurred demand for its fertilizer products over the fall season.

Ketchen, noting the activity in Agrium shares over the past few days, said, “People are taking another look at it, thinking maybe it’s time to get back in.”

Potash was up 2.1 percent at C$ 42.77.

The energy sector gained 0.6 percent and was the biggest contributor to the market’s gains as U.S. crude oil prices rose.

Canadian Natural Resources Ltd rose 1.5 percent to C$ 30.62.

Financials, the index’s weightiest sector, added 0.4 percent. Toronto Dominion Bank

was up 0.4 percent at C$ 83.51, and the Royal Bank of Canada rose 0.3 percent to C$ 61.62.

(Editing by Jeffrey Hodgson and Leslie Adler)

Wireless News Headlines – Yahoo! News

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White, Underwood, Lumineers to perform at Grammys

NEW YORK (AP) — Grammy nominees Jack White, Carrie Underwood and the Lumineers will hit the Grammys stage next month.

The Recording Academy announced Thursday that those acts will join previously announced performers including fun., The Black Keys and Taylor Swift at the Feb. 10 awards show in Los Angeles.

White is nominated for album of the year and the Lumineers are up for best new artist.

U.K. newcomer Ed Sheeran and Elton John will perform together. Sheeran's "The A Team" is nominated for song of the year.

Country singers Miranda Lambert and Dierks Bentley will also join forces onstage.

The Black Keys, Rihanna and Mumford & Sons are also set to perform.

Frank Ocean, Jay-Z, fun., Kanye West, Black Keys' Dan Auerbach and Mumford & Sons lead with six nominations each.

____

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http://www.grammys.com

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Well: The Drawn Out Process of the Medical Lawsuit

She was one of the most highly sought radiologists in her hospital, a doctor with the uncanny ability to divine the source of maladies from the shadows of black and white X-ray films.

But one afternoon my colleague revealed that she had been named in a lawsuit, accused of overlooking an irregularity on a scan several years earlier. The patient suing believed she had missed the first sign of a now rampant cancer.

While other radiologists tried to assure her that the “irregularity” was well within what might be considered normal, my colleague became consumed by the what-if’s. What if she had lingered longer on the fateful film? What if she had doubled-checked her reading before signing off on the report?

She began staying late at the hospital to review, and re-review, her work. And she worried about her professional reputation, asking herself if colleagues were avoiding her and wondering if she would have trouble renewing her license or hospital privileges. At home she felt distracted, and her husband complained that she had become easy to anger.

After almost a year of worry, my colleague went to court and was cleared of the charges. But it was, at best, a Pyrrhic victory. “I lost year of my life,” she told me. “That lawsuit completely consumed me.”

She was not the first colleague to recount such an experience. And far from overstating the issue, doctors may in fact be underestimating the extent to which malpractice not only consumes their time but also undermines their ability to care for patients, according to a new study in Health Affairs.

For more than 150 years, the medical malpractice system has loomed over health care, and doctors, the vast majority of whom will face a lawsuit sometime in their professional lives, remain ever vocal in their criticism of the system. But with few malpractice claims resulting in payments and liability premiums holding steady or even declining, doctors have started to shift their focus from the financial aspects of malpractice to the untold hours spent focused on lawsuits instead of patient care.

Now researchers are putting numbers to those doctors’ assertions. For the current study, they combed through the malpractice claims records of more than 40,000 doctors covered by a national liability insurer. They took note of the length of each claim, as well as any payments made, the severity of the injury and the specialty practiced by the physician being sued.

Most claims required almost two years from initiation of the lawsuit, and almost four years from the time of the event in question, to reach a resolution. Cases that resulted in payment or that involved more severe patient injuries almost always took longer.

The researchers then looked at the proportion of a doctor’s career spent on an open claim. They discovered that on average, doctors spent more than four years of their career — more time than they spent in medical school — working through one or more lawsuits. Certain specialists were more vulnerable than others. Neurosurgeons, for example, averaged well over 10 years, or over a quarter of their professional life, embroiled in lawsuits.

“These findings help to show why doctors care so intensely about malpractice and what they might face over the course of a lifetime,” said Seth A. Seabury, lead author and a senior economist at the RAND corporation in Santa Monica, Calif.

The results also underscore what plaintiffs must endure. Previous studies have shown that when medical errors occur, patients prefer to have physicians acknowledge the mistake quickly and apologize as soon as possible. Though less than 5 percent of all errors ever lead to a malpractice claim, lengthy claims drag out the process and, in certain cases, hold up what may be appropriate compensation.

Patients not directly involved can be affected as well. A legitimate malpractice lawsuit sometimes results in doctors or even entire institutions changing how they practice in order to prevent similar events from happening again. Lengthy legal wrangling can slow down these potentially important improvements.

While these findings are only an indirect measure of the extent to which malpractice claims can affect doctors’ and patients’ lives, the study makes clear the importance of considering time, as well as cost, when looking at malpractice reform.

“If we could get these cases resolved faster, we might be able to improve the efficiency of the system, lower costs and even improve quality of care for patients,” Dr. Seabury said.

“Having these things drag on is a problem for doctors and patients.”

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