Hospital Law's Regan Report

Browse past and current articles from this publication.

Hospital failed to do follow-up ultrasound: cancer & mastectomy.
MURPHY'S LAW (THAT EVERYTHING THAT CAN GO WRONG WILL GO WRONG) APPLIED IN THIS CASE! The patient involved had the misfortune of encountering a different radiologist than the one who had told her to . . .

Court allows discovery of 5 years of incident reports.(Hospital Law Case of the Month)
CASE ON POINT: Columbia Hosp. Corp. of South Broward v. Fain, 0618.170 (6/17/2009)-FL ISSUE: There is almost universal approval of the rationale which underlies the peer review privilege. Few woul . . .

NY: no bar to obtaining 'business records': plaintiffs entitled to access 'records' in case.(Hospital Law Case of the Month)(Cas
CASE FACTS: The issue as to the discoverability and eventual admissibility of a hospital's records (as well as those of physicians and other health care providers), arose in the context of a motor v . . .

OK: negligence & breach of contract alleged: courts applied 2 year limitations for negligence.(Hospital Law Case of the Month)(C
CASE FACTS: The case arises out of the care and treatment of James Richard, Jr., who was an elderly resident of Hill Nursing Home from January 2003 through May 12, 2004. On that day the patient was . . .

RN injured on job can't receive compensation & sue.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Saunders v. HolzerHosp. Found., OH-2112 (4/30/2009)-OH ISSUE: An employee who collects workers' compensation from his or her employer cannot successfully sue the employer. CASE FA . . .

Failure to timely file required expert witness documentation.
IN MANY, IF NOT MOSTLY ALL STATES, PLAINTIFFS FILING MEDICAL MALPRACTICE SUITS MUST FILE SPECIFIC DOCUMENTATION REGARDING THE FACT THAT THEY HAVE EXPERT MEDICAL OPINIONS TO SUPPORT THEIR CASE. In th . . .

Is admission of wrong-site surgery negligence per se?(Hospital Law Case of the Month)
CASE ON POINT: Abram v. State, 2009-FL-0521.122(5/20/2009)-FL ISSUE : This unusual Florida case presented Florida courts with the task of determining whether a statute allowing the Board of Medici . . .

FL: hospitals sought to invoke arbitration: right to arbitration is 'waived' if suit is defended.(Hospital Law Decisions of Note
CASE FACTS: This was an appeal of a non-final order from the Circuit Court, fifteenth Judicial Circuit, Palm Beach County. Dr. John Sitarik brought suit against JFK Medical Center Limited Partnershi . . .

Dr. performing difficult c-section fails to timely call for help.
IN 2003 IRENE BLUE SOUGHT MEDICAL TREATMENT FOR HER FIRST PREGNANCY. Her treating physician, Dr. Angelina Gangestad, was an assistant professor in the department of obstetrics and gynecology at the . . .

Nursing home settles pt.'s claim then sues hospital.(Hospital Law Case of the Month)
CASE ON POINT: Villa Maria Nsg. & Rehab. Ctr. v. S. Broward Hosp. Dist., (4/8/2009)-FL ISSUE: It is not unusual for nursing home patient's to develop bed sores. In fact, it is often the case. Howe . . .

FL: Drs. settle & sue hosp. for reimbursement: court upholds dismissal of case v. hospital.(Hospital Law Decisions of Note)(Case
CASE FACTS: Peggy Schatz obtained sclerotherapy from Dr. Robert Aries at Ideal Image, Inc., in order to remove spider veins in her legs. Complications arose, and she presented to St. Joseph's Hospit . . .

NC: hospital not liable for individual physician: court dismissed case against hospital.(Hospital Law Decisions of Note)
CASE FACTS: On August 7, 2003, Donna Ray, then forty-three years old, sought medical treatment from Burke Primary Care (Burke) where she had been a patient since 1998, complaining of abdominal pain, . . .

Does your hospital pay FICA taxes for its residents?(Legal Focus on Hospital Law Issues)
CASE ON POINT: United States v. Detroit Medical Center, 022609 Fed 6,07-1602 (2/26/2009)--MI ISSUE: Does your hospital pay FICA taxes for its residents? CASE FACTS: Detroit Medical Center (Detro . . .

'Discovery rule' is alive and well: thwarts statute of limitations.
ORDINARILY STATUTES OF LIMITATION TIME BAR FILING SUITS. If a plaintiff files suit after a statute of limitations has run, he is forever barred from pursing the claim, no matter how meritorious it m . . .

Could Public Health Law violations be added to case?(Hospital Law Case of the Month)(Case overview)
CASE ON POINT: Kash v. Jewish Home & Inf., 2009-NY-212.309 (2/11/2009)--NY CASE FACTS: In February 2006, Gertrude Kash became a long term resident of Jewish Home and Infirmary of Rochester N.Y., I . . .

NC: did report of child abuse trigger suit?: Judgment entered for defendants affirmed.(Hospital Law Decisions of Note)
CASE FACTS: On the evening of April 15, 12003, Ajamu Gaines, Jr., a minor, was brought to the ER at Cape Fear Valley Medical Center by his mother Wyenda Phelpos, with a wrist fracture reportedly sus . . .

TN: was hospital liable for patient's fall?: Court held nurse expert's testimony deficient.(Case overview)
CASE FACTS: Sharon Geesling, a disabled 56 year-old woman, was admitted to the ER at Cumberland River Hospital on June 17, 2005, by Clay County Adult Services (CCAS) due to possible neglect after sh . . .

Was Dr. duplicitous in his opinion as to 'cause'.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Roemer v. Miller, 2009-NY-0226.287 (2/23/2009)--NY ISSUE: Surgery to remove a portion of James Roemer's liver was done at Mount Sinai Hospital on January 20, 1999. The surgery was p . . .

Billing of 'uninsured' reduced by $276 million.
DO ALL CHARITABLE HOSPITALS FUNCTION AS THEY SHOULD? Unfortunately, not all do? Does yours? A CLASS OF UNINSURED PATIENTS SUED SUTTER HEALTH, ALLEGING THAT IT IMPROPERLY DENIED THEM DISCOUNTS IT G . . .

Was hospital liable for failure to take more x-rays?(Hospital Law Case of the Month)
CASE ON POINT: Carmicle v. Casey County Hospital, 2008-KY-1210.095 (12/5/2008)-KY ISSUE: In this unusual Kentucky case the courts were confronted with whether a hospital was negligent in failing t . . .

FL: first application for CON denied: 'conditions changed'-second application granted.(Hospital Law Decisions of Note)(Certifica
CASE FACTS: In 2003, Bethesda Health Care System, Inc., d/b/a West Boynton Community Hospital (Bethesda), a nonprofit corporation operating a local healthcare system in the "Boynton Area" of South P . . .

MO: did nursing home cause patient's death?: Court found question of fact for jury to decide.(Hospital Law Decisions of Note)(Ca
CASE FACTS: Kenneth Sundermeyer admitted his mother to Villa Marie Skilled Nursing Facility in June 2001. During her stay at the Nursing Facility, she was noted to have a number of falls, bruises an . . .

Was amount of punitive damages awarded v. hospital fair?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Thomas v. St. Josepoh Healthcare, Inc, 2008-KY-1210.096 (12/2/2008)--KY CASE FACTS: The parties vigorously disagreed about the facts in this case. However, they did agree that James . . .

Suicidal pt. committed suicide: judgment for defendants.
PEGGY SUE ELLIS SUFFERED FROM A SERIOUS PSYCHIATRIC ILLNESS FOR APPROXIMATELY 30 YEARS WHEN SHE WAS ADMITTED TO BAPTIST MEDICAL CENTER. She had previously been hospitalized for management of her p . . .

Hospital invited suit on grounds of 'apparent agency'.(Hospital Law Case of the Month)
CASE ON POINT: Estate of Cordero v. Christ Hospital, (10/29/2008)--NJ ISSUE: The recurring question of whether hospitals can be held responsible for the negligence of physicians working at hospita . . .

NY: child diagnosed and treated successfully: parents' claim against each defendant dismissed.(Hospital Law Decisions of Note)
CASE FACTS: During the summer of 2000, Victor Forte, a child, began to experience upper respiratory symptoms and was admitted to St. Vincent's Hospital several times and diagnosed with borderline pn . . .

FL: ALJ erred in ruling death not compensable: court ordered compensation under plan.(Hospital Law Decisions of Note)
CASE FACTS: Laura Stever presented to Orlando Regional South Seminole Hospital with complaints of contractions and blood-tinged fluid discharge on October 16, 2004, at 6:00 a.m. At the time, her fet . . .

Independent group ran ER: no protocols-no triage: death.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Natoli v. Massilon Community, Hosp., 2008 Ohio-6258--OH ISSUE: Do some ERs present unacceptable risks to patients? CASE FACTS: On July 14, 2003, at approximately 6:30 p.m., Paul F . . .

Class action v. Secretary of HHS re 'three day rule'.
IN THIS CASE A DISPUTE AROSE OVER HOW TO COUNT TO THREE. The plaintiffs were Medicare beneficiaries. Each of them spent at least three days in the hospital. Each was discharged less than three days . . .

Gross negligence: gateway to punitive damage awards.(Hospital Law Case of the Month)
CASE ON POINT: Columbia Med. Ctr. of Las Colinas v. Hogue, 2008--TX-0902384 (08/29/2008) S.W.3d--TX CASE FACTS: After dinner on Thursday, March 5, 1998, Robert Hogue complained that he had an upse . . .

NY: summary judgment for hospital reversed: 'ostensible' or 'apparent' agency rule applied.(Hospital Law Decisions of Note)(Case
CASE FACTS: Regina Sampson brought suit against Dr. Michael Contillo and Mount Vernon Hospital alleging that she was the victim of medical malpractice. The Supreme Court of New York granted that por . . .

TX: nursing home sued for negligence re UTI: patient's 'expert' medical witness approved.(Hospital Law Decisions of Note)(Case o
CASE FACTS: Jeantta Pearson suffers from Multiple Sclerosis and paralysis. At age 47 ,she became a patient under the care of Heritage Gardens Healthcare Center (Heritage), a nursing home. Her care c . . .

Peer review records are privileged: what of other records?(Legal Focus on Hospital Law Issues)(Case overview)
CASE ON POINT: Anderson v. Rush-Copley Medical Center, 2008-IL-0822.132 (08/14/2008) N.E.2d--IL ISSUE: Are peer-review records ever discoverable? CASE FACTS: On February 13, 2002, Judy Anderson . . .

Can plaintiffs invoking 'Res Ipsa' use expert witnesses?
THIS CASE PRESENTED THE MISSOURI COURTS WITH A CASE OF FIRST IMPRESSION. The issue was whether, when a plaintiff invokes the Doctrine of Res Ipsa Loquitur (RIL), he can also use expert medical witne . . .

Arbitration of dispute with nurse recruitment agency.(Hospital Law Case of the Month)
CASE ON POINT: RN Solution, Inc. v. Catholic Healthcare West, 2008-CA-15.014 (08/15/2008)--CA ISSUE: As more and more hospitals are confronted with staffing problems, more and more hospitals are e . . .

MO: Sponge left in patient-hospital settled: surgeon sued surgeon for indemnity for damages.(Hospital Law Decision of Note)
CASE FACTS: Kimberly Black initially consulted with Dr. James Marsten because she was experiencing pelvic pain. Dr. Marsten scheduled a diagnostic lapraroscopy, to examine the pelvic area. When the . . .

FL: parent failed to inform other of surgery: Dr.'s call to father was first notice of surgery.(Hospital Law Decisions of Note)(
CASE FACTS: On August 3, 2007, Jacqueline Sonora gave birth to a son, Alexander, who had an enlarged heart. Timothy Buccini maintained that he was Alexander's father, and filed a Petition to determi . . .

Failure to respond to catheter misplacement: death results.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Hoard v. Roper Hospital, Inc., 2008-SC-R0429.006 S.E.2d--SC ISSUE: When a physician is notified that a tube or line has been improperly positioned in his patient he has a duty to ac . . .

CON for MRI awarded prematurely: remanded for hearing.
IN 2004, THE COSTAL CAROLINA MEDICAL CENTER (CCMC) SUBMITTED AN APPLICATION FOR A CON TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) PURSUANT TO THE 2003 STATE HEALTH PLAN (PLAN). CCMC . . .

Wrong ovary removed: summary judgment v. patient.(Hospital Law Case of the Month)(Case overview)
CASE ON POINT: Giles v. Brookwood Health Services, Inc., 2088-AL-R0701.004 (06/27/2008) So.2d--AL CASE FACTS: Veronica Giles had an ultrasound performed on her pelvis. The report stated: "There is . . .

KY: court barred suit v. hospital on limitations: Executrix had one year after appointment to sue.(Hospital Law Decisions of Not
CASE FACTS: On January 1,2006, Mattie Gafford was admitted to University Hospital. The following day, Gafford fell and fractured her hip when she attempted to rise from a commode without assistance. . . .

MO: pt. sues for fall in puddle outside shower: hospital shows 'no prior report' of any defect.(Hospital Law Decisions of Note)(
CASE FACTS: Stephanie Heitman alleged that on the morning of August 11,2004, after giving birth the previous evening, she fell on a puddle of water as she stepped out of the shower in her hospital r . . .

Plaintiff barred from adding 'known' party after S/L ran.(Legal Focus on Hospital Law Issues)(Case overview)
CASE ON POINT: Weber v. Freeman, 2008-AL-R0701.002 (06/26/2008) So.2d --AL CASE FACTS: Carolyn Freeman's infant son, Samuel Freeman, was born prematurely at 31 weeks gestation. Following his prema . . .

Court rules trial court erred in denying hospital's motion.
ON DECEMBER 17, 2002, 55-YEAR-OLD SAMMIE DAVIS REPORTED TO THE EMERGENCY ROOM AT HARPER HOSPITAL COMPLAINING OF SEVERE ABDOMINAL PAIN. He reported a history of cirrhosis of the liver and ascites. . . .

Punitive damages not allowed without prior hearing.(Hospital Law Case of the Month)
CASE ON POINT: Little Company of Mary Hospital v. Superior Court of Los Angeles, (04/12/2008) -CA ISSUE: Exemplary or punitive damages are more common today than ever before. Cases involving "ordi . . .

MI: Pt. claims suit v. hospital for 'negligence': court ruled suit was for 'medical malpractice'.(Hospital Law Decisions of Note
CASE FACTS: On December 11, 2004, Aaron Sibley, Jr., was taken to the emergency room at Borgess Medical Center, complaining of chest pain. Following a heart catheterization, he was admitted to the h . . .

MI: heart patient died: wife sued hospital expert affidavit 'NG' for vicarious liability claim.(Hospital Law Decisions of Note)
CASE FACTS: Dirk Konig underwent heart surgery performed by Dr. Bohuslav Finta at Spectrum Health Hospital. The patient developed complications that either went undetected, or, were detected, but no . . .

Judgment on verdict v. hospital for $2.2 million reversed.(Legal Focus on Hospital Law Issues)(Case overview)
CASE ON POINT: Griffin v. Univ. of Pittsburgh Med. Ctr., Braddock Hospital, (05/19/2008) A.2d -PA ISSUE: Can an appellate court overrule the denial of a motion for JNOV? That was the issue in this . . .

Would pt. have left hospital if informed of danger of stroke?
OFTEN THERE ARE TWO OR MORE FORMS OF TREATMENT, WHICH PHYSICIANS CAN OFFER THEIR PATIENTS. In this case the courts were confronted with whether or not the patient's attending physicians at a hospita . . .

Correction of error.(Correction notice)
Correction of Error: In the October 2007, issue of Hospital Lear's Regan Report, in the first case on page 3, in an article entitled "Patient Burned in Surgery Sought Discovery. Discovery of Nurse's . . .