Failure to diagnose breast calsification as cancer--$4 million
verdict.
36-YEAR-OLD LYNDA CARROZZA UNDERWENT A BASE LINE SCREENING
MAMMOGRAM AT ST. AGNES MEDICAL CENTER IN FEBRUARY 1996. The x-ray films
were reviewed and interpreted by Dr. Roy Greenbaum, a radiologist. . . .
Pt.'s survivors sue hospital for substandard air filtering
system, etc.(Legal Focus on Hospital Law Issues)(patient's
family)
CASE ON POINT: Jones v. Christus Health Ark-La-Tex, 2004 WL 1660387
S.W.3d -TX.
ISSUE: In this unusual Texas case, the family of a deceased patient
sued a hospital for allegedly negligent . . .
MS: surgery results in leg compression injury: split decision of
court in favor of hospital.(Hospital Law Decisions of
Note)(Mis
CASE FACTS: Regina Powell and her husband, Thomas, filed suit
against Methodist Health Care-Jackson Hospital (Methodist), alleging
that she suffered an injury to her leg and foot during surgery to . . .
PA: failure to monitor surgical pt.'s bandages: sanctions v.
nursing home upheld.(Hospital Law Decisions of
Note)(Pennsylvania)
CASE FACTS: Manorcare is a long-term care facility licensed by the
Pennsylvania Department of Health (Department). One of Manorcare's
patients, an 81 year old man (hereafter referred to as Resident . . .
Did hospital halt treatment in violation of EMTALA?(Hospital Law
Case of the Month)(Emergency Medical Treatment and Active Labor
CASE ON POINT: Binkley v. Edwards Hospital, 2004 WL 719527 F.3d -IL
ISSUE: This unusual Illinois case presented a federal court with
the issue of whether an individual physician can be guilty of . . .
Do employers have conditional privileges against defamation
claims?
DO EMPLOYERS HAVE CONDITIONAL PRIVILEGES AGAINST DEFAMATION CLAIMS?
That was just one of the issues with which the United Sates District
Court for the District of Massachusetts was confronted in . . .
Make certain garnishee's affidavits are timely filed.(Legal
Focus on Hospital Law Issues)(Kenosha Hospital & Med. Cntr. v.
Garci
CASE ON POINT: Kenosha Hospital & Med. Cntr. v. Garcia, 683
N.W.2d 425 -WI (2004)
ISSUE: It may surprise many to learn that if an employee has his
wages attached or garnished, and his employer, . . .
Hospital law decisions of note.
OH: Clinic Sues Patient for Medical Services: Patient Joins
Hospital as Third-Party Defendant
CASE FACTS: Mayfield Clinic, Inc., sued Dr. Harry Fry for medical
services provided to him. Dr. Fry . . .
Hospitals battle over which is beneficiary of a trust.(Hospital
Law Case of the Month)(Shriners Hospitals v. St. Mary's Hospital
CASE ON POINT: Shriners Hospitals v. St. Mary's Hospital, 2004
WL 1533946 N.W.2d -WI
ISSUE: When we think of probate contests, we think of heirs,
legatees, or devisees battling over who is . . .
Retaliatory termination, fraud, & RICO violations
charged.
IN THIS EXTRAORDINARY MASSACHUSETTS CASE, A VETERAN RESPIRATORY
THERAPIST, WHO HAD WORKED AT A HOSPITAL FOR OVER 15 YEARS, ALLEGED THAT
THE HOSPITAL WAS GUILTY OF, RETALIATORY TERMINATION, FRAUD, . . .
Termination follows complaint about sexual harassment by
Dr.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Akers v. Cabell Huntington Hospital, Inc., 2004 WL
1189160 S.E.2d--WV
ISSUE: Often hospital employees are subjected to sexual harassment
by supervisors, coworkers, and in some . . .
TN: RN told tolerate symptoms or change jobs: fifty percent
permanent partial disability awarded.(Hospital Law Decisions of
Note
CASE FACTS: Cynthia Denyer had a bachelor of science degree in
nursing from St. Louis University. She was twenty-eight years old. On
February 2, 1997, she was employed as a psychiatric nurse by . . .
TX: HELLP syndrome not timely diagnosed: both mother and fetus
die after failed surgery.(Hospital Law Decisions of Note)
CASE FACTS: On November 20, 2001, Frieda Hernandez, who was
approximately thirty weeks pregnant, went to St. Luke's Hospital.
She had been experiencing severe abdominal pain off and on for . . .
Patient sexually assaulted by 'visitor': did hospital
'stonewall' in discovery?(Hospital Law Case of the
Month)
CASE ON POINT: Marte v. Brooklyn Hospital Center, 2004 WL
1365990--NY
ISSUE: One of the most basic and fundamental rights a patient has
is the right to confidentiality. In many cases, hospitals . . .
Exception to 'employment-at-will' not
applicable.
MOST HOSPITAL EMPLOYEES ARE EMPLOYEES-AT-WILL. Either party may
terminate the employer-employee relationship either for cause or for no
cause. However, there is a public policy exception to . . .
'Special risk' exception to comp. 'going &
coming' rule not applicable.(Legal Focus on Hospital Law
Issues)
CASE ON POINT: Sharp Coronado Hosp. v. Workers' Comp. Appeals
Board, 2004 WL 551245--CA.
ISSUE: In the absence of exceptional circumstances, employees are
not covered by Workers' Compensation . . .
CA: complaints result in loss of staff privileges: termination of
staff privileges affirmed by court.(Hospital Law Decisions of
CASE FACTS: In 1998, Assa Weinberg was appointed to the medical
staff of Cedars-Sinai Medical Center, a nonprofit public benefit
corporation and accredited acute care hospital. After . . .
LA: Pt. received Hepatitis C blood-10 years ago: court rules 3
year limitations unconstitutional!(Hospital Law Decisions of
Note
CASE FACTS: Aiko Walker was hospitalized for surgery at Bossier
Medical Center. A blood transfusion was necessary during her surgery.
More than 10 years later, In February 1992, she was diagnosed . . .
'Proximate cause' issue: hospital skirts deplorable
nursing care.(Hospital Law Case of the Month)
CASE ON POINT: Sewall v. King County Hospital District No.2, 2004
WL1045911 P.2d--WA
ISSUE: Proximate cause is a sine qua non in proving a
hospital's liability for nursing negligence. In this . . .
Failure to suction infant's vomit: death results.
ORDINARILY, TO PREVAIL IN A NEGLIGENCE OR MEDICAL MALPRACTICE SUIT,
A PLAINTIFF MUST PROVE, BY EXPERT MEDICAL TESTIMONY, THAT THE NEGLIGENCE
OR MALPRACTICE WAS THE PROXIMATE CAUSE OF INJURY. . . .
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