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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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. . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .
Plaintiff barred from adding 'known' party after S/L
ran.(Legal Focus on Hospital Law Issues)
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 . . .
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). . . .
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 . . .
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