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Health Law

Healthcare Law Blog

Healthcare law issues including Compliance counseling for HIPAA, Stark law, Anti-kickback Statute, CMP and fraud and abuse defense, healthcare criminal defense, joint ventures, anti-trust, and professional license disputes affecting Mountain West states Montana, Idaho, Wyoming, Utah, Colorado, New Mexico, and Nevada.
By Greg Piche

Post Frequency: 0.4/day

Last Entry: December 21, 2010 at 18:18:24

Book Review: Public Health law: Power, Duty Restraint, Lawrence O. Gostin; University of California Press (Revised and expanded Second edition (2008).

Posted on October 02, 2008
The title, Public Health Law smacks of the kind of mind numbing subject of old textbooks one runs across occasionally in used book sales at public libraries or the free book box outside of used book stores. This book is far different. It is an intelligently imagined overview of the...

Federal Tort Claims Act: Switched at birth in '46, To Late To Complain Now.

Posted on September 23, 2008
Rowena Madrigan and Beverly Bowker claimed that they were wrongfully switched at birth. They and Ms. Bowker's real father, Michael Ryan sued the United Stated under the Federal Tort Claims Act for negligence at Sanding Rock Hospital in Ft. Yates, North Dakota, in sending Ms...

Cal. Appeals Court Holds Medical Staff Retroactive Board Certification Rule Unfair

Posted on September 23, 2008
Dr. Sohail Nassim held provisional medical staff privileges in internal medicine and nephrology at Los Robles Regional Medical Center near Los Angles, California. He joined the medical staff of Los Robles in 2001. After he arrived, the hospital's internal medicine department changed the qualification rules to limit membership to those...

Are Medical Records Produced in Litigation In the Public Realm Thereafter?

Posted on September 19, 2008
In Hageman v. Southwest Gen. Health Ctr, Slip Opinion No. 2008-Ohio-3343, (July, 2008) the Ohio Supreme Court held that an attorney who obtained medical records of an opposing party in litigation may be held liable for the subsequent disclosure of those documents outside of the litigation, when the documents had...

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Physician Recruitment: Recruited Doc Bites Group in Arkansas.

Posted on September 10, 2008
Many physician recruitment efforts are three party arrangements where a physician group either solicits a hospital to help support a newly recruited physician or a hospital solicits a group as a place to practice for a new physician recruited by the hospital...

California Nixes Medical Discrimination By Religous Doctors.

Posted on August 19, 2008
The California Supreme Court has ruled that physicians may not discriminate and withhold non-emergency medical care based upon their religious beliefs in violation of the California Unruh Civil Rights Act, which prohibits discrimination by businesses based on sexual orientation...

Supreme Court Holds Arbitration Agreement Under F.A.A.Cannot Be Reviewed For Erroneous Conclusion of Law

Posted on August 11, 2008
There is a growing tendency to incorporate mandatory arbitration clauses in employment and other agreements as an alternative mechanism to resolve disputes. Some arbitration agreements go so far as to self define the scope of judicial review of an arbitrator?s decision...

PHYSICIAN COMMUNITY NEEDS ASSESSMENTS:?LIES, DAMN LIES AND STATISTICS?? Part II of II

Posted on August 07, 2008
Recently, a national chain hospital located in a highly competitive market in Los Angeles, California used a home office prepared CNA developed in another state to attract an invasive cardiologist to move to L.A. and start up a practice. The corporate recruiter announced that he had given the physician a...

Physician Community Needs Assessments:?Lies, Damn Lies and Statistics??Part I of II.

Posted on August 06, 2008
The line between a hospital?s medical staff competitive development activities and its community medical support endeavors is hazy, but one that has important regulatory and legal implications. The luring of certain physician specialists to a hospital?s market is often a key component in the competitive strategic plan of the hospital,...

"Arbitrition"* In Healthcare Disputes.

Posted on May 26, 2008
In 1991, the United States Supreme Court gave strong impetus to the enforcement of arbitration agreements in employment contracts when it held that unequal bargaining power between employers and employees was an insufficient reason to hold that arbitration contracts are never enforceable in the employment context...

FDA Review to ?Pre-Empt? State Pharmaceutical Litigation?

Posted on April 10, 2008
The United States Supreme Court will soon decide whether state tort actions against drug companies will be "pre-empted" by the FDA?s pre-market regulation of new drug products. The case, Wyeth v. Levine, arose out of a Vermont action by a musician, Diane Levine, who was injected with Wyeth?s anti-nausea drug,...

AND THE HORSE YOU RODE IN ON!

Posted on April 08, 2008
Wilcox Memorial Hospital in Kauai, Hawaii announced last month that a relative of a patient arrived at Wilcox with a horse to cheer up a patient at the hospital. The visitors reached the lobby where the front desk personnel had retired for the evening...

NEGLIGENT DISCHARGE?

Posted on April 04, 2008
The Indiana Court of Appeals, in McSwane v. Bloomington Hospital and Healthcare System, Ind. App. ct.,No 53A04-075-cv-243 (March 12, 2008) reversed a summary judgment granted in favor of Bloomington Hospital in a claim, that the hospital negligently discharged Malia Vandenneede into the custody of her estranged husband, Monty Vandeneede, following...

NEGLIGENT DISCHARGE?

TAX COURT: NO CHARITABLE DEDUCTION FOR MEDICAL PRACTICE ?GOOD WILL?

Posted on March 21, 2008
Medical Practice ?good will? is one of those amorphous concepts like pornography that is difficult to define, but you know it when you see it. Not infrequently ?good will? is deemed the largest component in the appraised value of a medical practice. In many medical practices the actual hard assets...

TEXAS COURT UPHOLDS HOSPITAL CEO NON-COMPETE

Posted on March 12, 2008
In Teel v. Hospital Partners of America, CA No. H-06-3991, a U.S. District Court for the Southern District of Texas ? Houston Division, entered summary judgment in favor of the defendant finding as a matter of law that Mr. Teel, a former CEO of Twelve Oaks, an HPA hospital in...

MONTANA COURT MUZZLES BARKING RADIOLOGIST

Posted on March 04, 2008
In St. James Healthcare v. Cole, Mont., No. DA 07-0084, 2/12/08. the Montana Supreme Court upheld an injunction that St. James Healthcare obtained against its former exclusive contractor for radiologist services., Dr. Jesse A. Cole. Dr. Cole allegedly made harassing and threatening phone calls to a radiologist a Boston University...

TEXAS & UTAH SPLIT ON EXPERT TESTIMONY REQUIREMENT IN HEALTH CASES.

Posted on March 03, 2008
Two recent cases in Texas and Utah dealing with the requirement of expert testimony in health cases underscore the principal that ?law is common sense as amended by the legislature. The Utah Supreme Court in Bowman v. Michael A Kalm, M.D., determined that, while an expert witness is generally required...

Supreme Court Pre-empts State Medical Device Litigation.

Posted on February 23, 2008
. The U.S. Supreme Court issued its long awaited opinion in Riegel v. Medtronic, Inc. ____U.S.___ (2008) as to whether the Medical Device Amendments of 1976 passed by Congress to provide federal oversight for medical devices pre-empted state product liability tort actions...

Physician Recruitment Mutual Mistake

Posted on February 20, 2008
This is an extension to our previous post on Physician Recruitment Fraud (January 24, 2007). There is more and more litigation surfacing between hospitals and recruited physicians when hospitals lure physicians into a new startup practice in their market and the physician is unable to sustain a viable practice in...

CAN HOSPITAL DECLOAK ANONYMOUS CRITIC?

Posted on January 30, 2008
Last month a Texas Court of Appeals granted a limited mandamus to an anonymous blogger who was frequently critical of Paris (Texas) Regional Medical Center (PRMC"), a subsidiary of a hospital system known as Essent. PMRC filed suit earlier in the year against the anonymous blogger who goes by the...

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