February 1, 2018 Recent Legal News
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Germany v Niels H
Filed
A nurse has already been convicted of causing two deaths by injection is now up on charges that he killed 97 more. He did this to make himself look good by resuscitating patients. He failed. Top
US v Scripps
Settlement
Scripps has agreed to pay $1.5 million to settle allegations that it submitted claims from an unauthorized and unsupervised physical therapists.
US
v Salus Rehab
MD Fla
The judge did a JNOV on a jury verdict against Salus for $348 million. They said that the whistleblower and the government did not satisfy the materiality standard. They screwed up b continuing to pay Salus and not even putting Salus on notice. This shows that anything Salus did did not affect the government payment decisions. Top
New
York v HHS
Filed
Minnesota and New York are the only two states that have a Basic Health Program. HHS cut the funding for the program by 25% stating that Congress had not provided money for the programs. The states say that HHS violate the Administrate Procedure Act. Top
Kansas
v Pearlie Mae Compassion
Fined
The company was fined $10,000 for failing to protect patient information. There were records in the home of one of the business owners and office. These were in plain sight for all to see.
New
York v Aetna
Fined
Aetna was fined $1.5 million by New York after it allowed HIV status to be seen through an envelope with a large transparent window. This is on top of the $17.2 million it was fined by the feds the week before for the same thing. Top
Wills
Eye Hospital v CMS
USDC
When is a hospital not a hospital? When they do not provide enough inpatient care according to the CMS and now the federal court. Since they are not considered a hospital they can not perform some complex procedures.
Kemp
v Roseland Community Hospital
Filed
Marlo Kemp, the former CFO of the hospital had filed suit alleging the hospital owes him $100,000. He states he lent the hospital the money over the years to cover operating expenses. The hospital denied the allegations but had cut him a check for the money and then put a stop payment on it. He now wants his money plus more. Top
Martinez
v Dept. Health Services
Ca App Ct.
In a decision for sanity, the lower court was asked by the Dept. to determine the amount of a Medicaid lien on the plaintiff's $150,000 settlement of a med mal suit. The court added the $250,000 state mandated non economic damages to the money paid out by Medicaid, $86,676 and then found the award was approximately 45% of the maximum recovery. They then awarded a lien of $39,000 to the Dept. as 45% of the award. The appellate court agreed.
Franchini
v Portland Press Herald
Filed
Dr. Thomas Franchini of Rhode Island sued two newspapers for defamation after being accused by them of medical malpractice. According to records the podiatrist admitted he was asked to stop performing surgery at one hospital but he states he was never removed from a hospital for "botched" surgery as alleged in the paper.
Warren v
Dinter
Minn Ct App
The patient was refused hospitalization requested by a nurse practitioner in a clinic after the hospitalist denied the admission based on an account of the patient symptoms. The patient died the next day of sepsis. The court ruled that since Dinter had never seen the patient he had no duty of care, no privity of contract and could not be sued. Top
Kessey
v Los Robles Regional Medical Center
Ca Ct App
Neurosurgeon
Kessey and his corporation had a contract with the hospital to provide ED
coverage and to arrive within 30 minutes of being called. He failed the
time element on occasions and the hospital relieved him of his contract of
$580,000. He sued stating he was due a hearing. The lower court
agreed to the hospital's demurer but was overruled by the appellate court.
They say the doctrine of fair procedure applies to expulsion from membership in
a private entity affecting the public interest and has substantial economical
ramifications. Therefore, Kessey was entitled to a fair hearing before his
on call contract was terminated. Top
DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.