Was racial discrimination a factor in jury selection?
THE ISSUE IN THIS UNUSUAL ILLINOIS CASE WAS WHETHER ATTORNEYS
REPRESENTING A HOSPITAL, SUED FOR WRONGFUL DEATH, ENGAGED IN RACE
DISCRIMINATION IN THE JURY SELECTION PROCESS.
The Illinois court . . .
Does your hospital have sliding physicians' stools in its
ER?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Bullock v. Rapoides Foundation, No. 06-26 (La. App.
Cir. 3 10/11/2006) So.2d -LA
ISSUE: In this unusual case, the courts were confronted with a
situation in which rolling . . .
CA: hip pt. suffers many falls & death in NH: suit for
wrongful death and elder abuse.(Hospital Law Decisions of Note)
CASE FACTS: In January of 2004, Thelma Gibson underwent hip
replacement surgery at Brotman Medical Center. Thereafter, she was
admitted to Country Villa Mar Visa Nursing Center, a 24-hour . . .
FL: hospital patient gets salmonella in sandwich: suit for
wrongful death against hospital results.(Hospital Law Decisions of
No
CASE FACTS: Henry Allen was a patient at Lakeland Regional Medical
Center. Shortly after eating a turkey sandwich, which was served by the
hospital, the patient developed a salmonella infection and . . .
40 plus week gestation pt. sent home w/o exam.(Hospital Law Case
of the Month)
CASE ON POINT: Miller v. Bossier, No. 41,476-CA (La. App. Cir. 2
09/20/2006) So.2d -LA
ISSUE: Are there cases in which statutory caps are inadequate?
CASE FACTS: On October 28, 2001, at . . .
Defendant invoked defense of contributory negligence.
THE DEFENSE OF CONTRIBUTORY NEGLIGENCE IS ONE OF THE MOST COMMON
AND EFFECTIVE DEFENSES AVAILABLE TO THOSE WHO ARE SUED FOR MALPRACTICE.
In this Connecticut case, a defendant in a malpractice case . . .
Did hospital's motion to dismiss apply to all
defendants?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Downing v. Lawrence Hall Nsg. Ctr. & Lawrence
Mere. Hosp., No. 06176 (Ark. 11/16/2006) S.W.3d -AR
ISSUE: In this unusual case, a nursing home and hospital (and
several physicians . . .
CA: former atty. represents client v. hospital: court vacates
order for disqualification of atty.(Hospital Law Decisions of
Note
CASE FACTS: Katie Faughn, a minor, allegedly received injuries
incurred at Bakersfield Memorial Hospital. Her mother brought suit
against the hospital and the physicians involved in Katie's care . . .
TX: hosp. attempts to bar pre-suit depositions: conditional writ
barring depositions granted.(Hospital Law Decisions of Note)
CASE FACTS: Seven year-old Tristan Guzman received medical
treatment at Memorial Hermann Southeast Hospital's emergency room
on two consecutive days, February 12 and February 13, 2006. Dr. . . .
Common knowledge rule for applying res Ipsa.(Hospital Law Case of
the Month)
CASE ON POINT: Perkins v. Susan B. Allen Hospital, No. 99,572
(12/01/2006) P.2d -KS
ISSUE: There is a difference between medical malpractice and
ordinary negligence. This Kansas case illustrates . . .
Was hospital derelict in leaving saline in open bowl?
BREAST IMPLANT SURGERY IS RISKY. Some risks are not as apparent as
others. Who would expect that sterile saline would be left in a bowl out
in the open?
SOUTHEAST ALABAMA MEDICAL CENTER OPERATES . . .
Was amniocentesis cause of eye injury to newborn?(Legal Focus on
Hospital Law Issues)(Jackson v. Tulane Medical Centre Hospital
CASE ON POINT: Jackson v. Tulane Medical Ctr. Hospital &
Clinic, No. 2005-C-1594 (LA 10/17/2006) So.2d -LA
CASE FACTS: On March 26, 1990, Yata Jackson's obstetrician,
Dr. Max Pailet, referred her . . .
CA: suit over failure to renew staff privileges: anti-SLAPP suit
prohibited in peer review case.(Hospital Law Decisions of
Note)
CASE FACTS: In January of 2001, Dr. Fernando Silva, a
board-certified neurosurgeon, was granted a temporary staff privileges
at Hoag Memorial Hospital, Presbyterian. He became a member of . . .
NC: fired employee files complaint with EEOC: employee barred
from proceeding in state court.(Hospital Law Decisions of Note)
CASE FACTS: Carlie Bowling, a licensed pharmacist, began working
for Margaret R. Pardee Memorial Hospital in January 2004. Bowling
suffered from migraine headaches and other physical impairments . . .
HIPAA prohibited ordered disclosure of medical records.(Hospital
Law Case of the Month)
CASE ON POINT: Arons v. Jutkowitz, No. 2005-06762 (N.Y. App.Div.
12/05/2006)-NY
ISSUE: Until recently, it was not unusual for medical malpractice
insurance defense counsel to make ex-parte . . .
Was hospital guilty of 'unfair labor practice'?
HEALTHCARE EMPLOYEES' UNION LOCAL399 (UNION) FILED AN UNFAIR
LABOR CHARGE AGAINST ST. VINCENT MEDICAL CENTER ALLEGING THAT IT
SUBCONTRACTED THE WORK OF ITS RESPIRATORY DEPARTMENT OUT ON THE EVE OF . . .
Was 'apparent agency' doctrine applicable to
hospital?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Stone v. Palms West Hospital, No. 4DO5-402 (Fla.
App. 11/08/2006) So.2d -FL
ISSUE: Ordinarily, hospitals are not liable for the negligence or
malpractice of anyone other than their . . .
NC: did delay in transfer of pt. cause death?: summary judgment
for nursing home upheld.(Hospital Law Decisions of Note)
CASE FACTS: William Franklin, age 85, was hospitalized on July 14,
2002. He was discharged to Britthaven, a nursing home, on July 18, 2002.
The discharge summary from the hospital listed several . . .
PA: watchman 'sleeping on job' terminated: UI benefits
awarded over hospital's objection.(Hospital Law Decisions of
Note)
CASE FACTS: Clarence Johnson worked as a security officer for
Magee-Womens Hospital of UPMC from 1979 until July 2005. His duties
included answering phones and monitoring the hospital's . . .
Did business mgr.'s participation void peer review
privilege?
CASE ON POINT: Piroli v. Lodico, 2006 P. Super. 291 (Pa. Super.
10/12/2006) A.2d -PA
ISSUE: Ordinarily, peer review records are not subject to
disclosure in suits suit against hospitals and/or . . .
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