Summary judgment affirmed in part, reversed in part.
MOTIONS FOR SUMMARY JUDGMENT ARE AMONG THE MOST PRACTICAL WAYS FOR
HOSPITALS TO DISPOSE OF CASES BROUGHT AGAINST THEM. Basically, when a
court is faced with making a decision on a motion for . . .
Were patient's records really misplaced, lost, or
destroyed?(Legal Focus on Hospital Law Issue)
CASE ON POINT: Grant v. High Point Regional Health System, No.
COA06-1679 (06/19/2007) S.E.2d--NC
ISSUE: Can a hospital misplace, lose, or inadvertently destroy
patients' records? Certainly! . . .
MA: Is false imprisonment a malpractice claim? False imprisonment
and distress--not malpractice.(Hospital Law Decisions of Note)
CASE FACTS: Cindy Segal brought suit against First Psychiatric
Planners, Inc., alleging numerous instances of malpractice, false
imprisonment, and intentional negligent infliction of emotional . . .
TX: did hospital waive governmental immunity? No injury
instrument caused injury--'no waiver'.(Hospital Law Decisions
of Note)
CASE FACTS: On March 19, 2003, Marjorie Wilson fractured her left
femur when she fell in one of the X-ray rooms at Medical Center
Hospital. She died on September 15, 2003. Her daughter, Susan . . .
Hospital failed to disclose biopsy results--then
refused!(Hospital Law Case of the Month)
CASE ON POINT: Harris County Hospital Dist., v. Garrett, No.
01-06-00-00782-CV (05/03/2007) S.W.3d--TX
ISSUE: Did hospital fail to and refuse to release biopsy results?
CASE FACTS: In October . . .
Pt. self-inflicts numerous lacerations with box cutter.
DESPERATE TIMES CALL FOR DESPERATE MEASURES. How often have you
encountered patients in your hospital who have used box cutters to
self-inflict wounds for the sole purpose of attempting to have . . .
Cardiac patient not given 'one-to-one' nursing as
ordered.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Newsome v. Lake Charles Memorial Hospital, NO.
06-1468 (La.App. 04/04/2007) So..2d--LA
ISSUE: This case illustrates the importance of following
doctor's orders and the catastrophic . . .
MI: Dr. sued for malpractice sues pt.'s lawyers: judgment
for pt.'s lawyers upheld on appeal.(Hospital Law Decisions of
Note)
CASE FACTS: On November 5, 1999, Dr. Michael Hartzler performed
surgery on Robert Gibbons for a strangulated hernia. During the
procedure, Gibbons' small bowel ruptured and filled his . . .
LA: patient dies after breast reduction surgery: failure to grant
family's request for autopsy.(Hospital Law Decisions of
Note)
CASE FACTS: On the morning of June 20, 2000, thirty-nineyear-old
Nancy Brooks underwent bilateral breast reduction surgery performed by
Dr. E. Clyde Smoot at St. Patrick Hospital. Following . . .
Verdict & sanctions against hospital upheld on
appeal.(Hospital Law Case of the Month)(Joyce Cretton v. Protestant
Memorial Medi
CASE ON POINT: Cretton v. Protestant Memorial Med. Ctr., No.
5-05-0474 (Ill.App. Dist.5 02/28/2007) N.E.2d--IL
ISSUE: Hospitals can be sanctione by the courts, as in this case.
CASE FACTS: On . . .
Summary judgment for hospital reversed on appeal.
EXPERT TESTIMONY IS CRITICAL IN SUITS FOR MEDICAL MALPRACTICE. This
is true, whether the suit is against a physician, a nurse, or a
hospital. In many cases, it is the sine qua non of the case. A . . .
Was hospital liable for suicide victim's death?(Legal Focus
on Hospital Law Issues)
CASE ON POINT: Miranda v. Fulton DeKalb Hospital Authority, No.
AO6A1879 (Ga. App. 03/14/2007) S.E.2d -GA
ISSUE: This extraordinary case involved a hospital being sued for
the wrongful death of a . . .
OH: child steps on contaminated needle in ER: no emotional
distress recovery without injury.(Hospital Law Decisions of Note)(Ohi
CASE FACTS: On January 28, 2002, five-and-a-half year old Amanda
Galland parents took her to the emergency room of a hospital operated by
Meredith Health System, Inc., to be examined because the . . .
TX: claims for malpositioned catheter & fall:
physician's testimony as to 'causation'
required.(Hospital Law Decisions of Note)
CASE FACTS: Maria Gonzales was a patient at Valley Baptist Medical
Center. She alleged that during her hospitalization, she had been the
victim of two incidents resulting from errors of hospital . . .
Herpes encephalitis contracted from mom during vaginal
birth.(Hospital Law Case of the Month)
CASE ON POINT: Leonard v. St. Claire Med. Ctr., Inc., No.
2005-CA-001706-MR (Ky.App. 03/02/2007) S.X.3d -KY
CASE FACTS: Lena Leonard delivered a daughter, Cierra Grimes,
without difficulty at St. . . .
Did fired employee have claim for race discrimination?
MICHAEL WEATHERSPOON BEGAN WORKING AS A MEDICAL TECHNOLOGIST AT
BAPTIST HOSPITAL IN SEPTEMBER OF 1998.
Approximately three to four months prior to being terminated,
Weatherspoon began reporting . . .
Patient literally chokes on ham sandwich.(Legal Focus on Hospital
Law Issues)
CASE ON POINT: Sharp v. Parkview Care Center, No. 41,341-CA
(La.App.Cir.2 09/27/2006) So.2d--LA
ISSUE: This case involved a situation in which a physician and a
nursing home were sued by the . . .
LA: patient's falls resulted in skull fracture: nursing home
prevailed in suit after Pt.'s death.(Hospital Law Decisions of
Note
CASE FACTS: Louis Douet allegedly fell several times during the
first five months of 2002, while he was a patient at Azalea Villa
Nursing and Rehabilitation Center. The last fall, which occurred on . . .
RI: hospital sought discovery of HHS's records: discovery
denied--hospital on 'fishing trip'.(Hospital Law Decisions of
Note)
CASE FACTS: Rhode Island Hospital challenged a decision of the
Provider Reimbursement Review Board (PRRB). The dispute involved the
hospital's reimbursement level for the fiscal year 1999. . . .
Did Court botch case on patient confidentiality?(Hospital Law
case of the Month)
CASE ON POINT: Bagent v. Blessing Care Corp., No. 102430
(01/19/2007) N.E.2d--IL
ISSUE: Can a patient's right to confidentiality be lost?
CASE FACTS: In August 2001, Illini Hospital hired Misty . . .
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