January 1, 2015 Recent Legal News
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Abrabamson v Illinois Board
7th Circuit
The federal court stated they lack subject matter jurisdiction in the matter of the physician attempting to force the state to issue him a license. He was denied a license for moral reasons, he lied. Ten years later he reapplied and was again rejected for lack of proof of professional experience. He sued because he had a right to the license under due process. They also rejected any state law claims. No surprise.
Egbert v Maryland Medical Board
Appeal
Dr. Lawrence Egbert, age 87, will appeal the ruling of the Medical Board that removed his medical license. He was the medical director for the Final Exit Network, an organization that promotes suicide for terminal illnesses. Dr. Egbert counseled the people and removed their hoods and helium tanks. He was accused of unprofessional conduct. Top
Lopreato v Select specialty
Hospital Ky
ED Ky
The hospital would not hire two nurses due to prior substance abuse charges with stains on their licenses. The court agreed that the ADA could not protect them since they needed to be able to work without supervision. The policy of the hospital was not discriminatory against them.
Bastidas v Good Samaritan Hospital
Ca Ct App
In a great example of how to do poor hospital lawyering, the hospital peer reviewed the surgeon after a patient death. They said they would do a proctoring program to enable the Columbian surgeon to regain his privileges. He filed a suit and the program never appeared. In the suit for discrimination and retaliation, he of course lost the discrimination. It almost never is a winner except for the attorney. He won the summary judgment part of the retaliation due to the dropped program may be considered retaliation for filing a suit.
Appleyard v Governor Juan Luis
Hospital
D VI
In a case I have been following with interest, the orthopod finally lost her last appeal. She lost her privileges at the hospital for several reasons and was required to see a psychiatrist. She never did and was removed. She sued and lost since her contract ended and no one could or would make the hospital rehire her.
Tibor v Michigan Orthopedic
Institute
ED Mich
The ortho was hired by the group and started working. Six weeks later she received her contract backdated six weeks and that the group would not do imaging and send all to the hospital. She complained stating this was against the FCA and Stark. She refused to sign the offered contract and was terminated. She sued and won in summary judgment. Her whistleblowing was protected and she could sue the hospital even though she was not employed by them as the FCA protects independent contractors as well as employees. She knows more about the law than the attorneys for the hospital or medical group. Top
US v Ling
Sentenced
The Southern California physician Dr. Jason Ling, was sentenced to 22 months in prison and pay $322,000 in restitution for his role in the Medicare fraud ring. He gave phony prescriptions for power wheelchairs.
US v Chen
Settlement
Dr. Henry Chen and his corporation Jennan Comprehensive Medical, agreed to pay the feds $694,000 for false physical therapy services. Prior another Jennan provider, Dr. Joseph Raia had settled for $1.5 million and removal from fed meed programs for at least 15 years.
US v Adventist Health
Settlement
In a qui tam suit the hospital chain will pay the feds $2.25 million to settle allegation of fraud stemming from treating patients as inpatients instead of less expensive outpatients. Top
King V Burwell
US Supreme Court
The high court will hear the challenge to Obamacare subsidies on March 4, 2015 and will render its opinion in June. The political ramifications of this is huge.
Competitive Enterprise Institute v
US
Filed
The same conservative group that is funding the King v Burwell Supreme Court case about subsidies has filed suit under the FOIA for information regarding requested documents related to tax credit calculators on the fed web site. The feds seem to be delaying until after the case is heard by the Supremes.
Patients v Capital District
Physicians' Health lan
Filed
The patients at New York Oncology Hematology have filed suit in New York court for an order to force the insurer to continue paying the physicians the same reimbursement for chemotherapy and to keep them in the network. They want to decrease the fees below what it costs for the drugs. The patients say that if the physicians are taken out of the network there will not be adequate oncologists for the patients to be cared for.
Ambry Genetics v Myriad
USCA
Myriad loses again. The original maker and patentee of the test fro BRACA etc has lost again in court. It seems that one can not patent something in nature. Top
Anestis v US
ED Ky
In an interesting case the court limited its comments and law to VA hospitals with a narrow client base. They said even though the area had no emergency room they could be found liable for non treatment. The vet presented to the clinic for trauma and emotional distress and was turned away. He went home and killed himself and others. They have a duty to treat even if the person seeks help in an incorrect location.
US v Puorro
Guilty
The CEO, Anthony Puorro, and the vice president, Noemi Veigara, of Chicago's now shuttered Sacred Heart Hospital have pled guilty of paying to refer patients to the hospital. They paid drivers of vans for referring patients.
Patients v Regional Medical
Center
Tennessee Supreme Court
I do not understand why or how this case got so high. The court ruled that hospitals must release liens on patients after their bills have been paid. Seems logical. Top
Patients v Clay County Hospital
To Be Filed
The hospital in Flora, Illinois, was blackmailed by an email with compromised patient information. They notified law enforcement and then the patients. The breach was from internal and not external sources.
NY v Kessler
Arrested
A radiologist, Dr. James Kessler, was arrested for allegedly stealing the personal health information of over 100,000 patients while working at NRAD Medical Associates in Nassau County. He is charged with petit larceny and unlawful duplication of computer material.
Massachusetts v Boston Children's
Hospital
Settlement
The hospital has agreed to pay the state a penalty of $40,000 for allowing a lap pad on one of their physicians to not be encrypted when it was stolen. This caused over 2000 patients medical information to be compromised.
Patients v Northwestern Memorial
Healthcare
To Be Filed
This hospital system did the same thing. A lap top was stolen with unencrypted medical information of 2800 patients. They also need to be fined.
Patients v Henry Ford Hospital
Mich App Ct
The appellate court reversed the lower court and dismissed the class action suit against Henry Ford Hospital for their negligent handling of medical records. The court stated that the negligent act was accidental and needed to be intentional to be OK in a court. They also ruled damages were speculative.
Montgomery v Cuomo
Filed
Although not truly a HIPAA case it is interesting. The New York plaintiff had his pistol permit and handguns revoked by the Suffolk County Sheriff's Department after they were told "incorrectly" that he had an involuntary admission to Eastern Long Island Hospital. He states he voluntarily admitted himself to the hospital for sleep depravation. He is asking that the law, The Safe Act, be declared unconstitutional. The law required mental health professionals to submit patients' mental health data to a database shared by government agencies and law enforcement.
Patients v Dignity Health
To Be Filed
In the never ending hospital screw-ups using EHR, Dignity Health is notifying patients of its Redding California hospital that their medical information has been on line.
Patients v VA
Can not be Filed
The VA has entered the arena of hospital or system HIPAA screw-ups. A contractor supposedly overseen by the VA let the data of about 7000 get out online. Top
US v Pharmacists
Arrested
The feds arrested the employees and owners of the New England Compounding Center in Framingham, Massachusetts, for their roles in the meningitis outbreak in 2012 secondary to contaminated steroids. The exact charges were not revealed initially.
Rashidi v Moser
California Supreme Court
The state high court followed precedent and allowed the $250,000 non economic damages to hold. They did, in an unanimous decision, make Moser pay the entire $250,000 since the law only held that the non economic damage cap was only for judgment not pre-trial settlements. In this case the hospital had settled for $350,000 and the manufacturer of a medical device settled for $2 million. These therefore did not offset the at trial $250,000 non economic damages.
Schmitt v Aurora St. Luke's
Medical Center
Settlement
The hospital settled for an undisclosed sum the case where a 91 year old man was dropped from a procedure table just prior to undergoing a cardiac catheterization. The fall fractured his pelvis and led to his demise. Top
New York v Li
Sentenced
Dr. Stan Li of New York City was sentenced to a minimum of 10 years 8 months in prison for manslaughter in the deaths of two people secondary to meds prescribed by him. He was a full time anesthesiologist at Robert Wood Hospital in New Jersey who ran a weekend pill mill in New York. The sentence may extend to 20 years.
Wisconsin v Jones
Investigation
Stefanie Jones, a former nurse at the University of Wisconsin Hospital, is under investigation for the death of a patient from Serratia. Jones has been arrested for stealing morphine at the hospital about the same time as five patients came down with Serratia and one died. No trial on any charge has been held. 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.