Hospital runs afoul of 'Anti Slapp' Suit Law.(strategic
lawsuits against public participation)
STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION, (COMMONLY KNOWN AS
SLAPP SUITS), ARE ILLEGAL IN MANY STATES. The suits have been deemed to
be against public policy since, they are designed to . . .
Is hospital liable for perforation of esophagus?(Legal Focus on
Hospital Law Issues)
CASE ON POINT: Diggs v. Novant Health, Inc., No. COA04 1415 (N.C.
App. 05/02/2006) So.2d--NC
ISSUE: The average patient admitted to a hospital for surgery has
no idea as to who will be providing . . .
NY: 'whistle-blower' nurse terminated: court fails to
find retaliatory termination.(Hospital Law Decisions of Note)
CASE FACTS: Virginia Berede was employed as a Nurse Manager in the
perioperative unit of North Shore Long Island Jewish Hospital for 21
years after which, she was fired. She maintained that she was . . .
MS: failure to 'turn' burn patient properly?: Court
affirms judgment for defendant-hospital.(Mississippi)
CASE FACTS: On January 12, 2000, Jason Vede was involved in an
automobile accident in which he sustained burns to eighteen percent of
his body as well as a severe inhalation injury. He was admitted . . .
Hospital counsel's remarks result in new trial.(Baptist
Medical Center Montclair v. Whitfield)
CASE ON POINT: Baptist Medical Center Montclair v. Whitfield, No.
104172 (Ala. 04/21/2006) So.2d--AL
CASE FACTS: Thelbert Whitfield was admitted to Baptist Medical
Center Montclair suffering from . . .
Nurse in VA facility wins sex harassment suit.
HELGA CARTER WORKED AS A NURSE AT THE CALIFORNIA DEPARTMENT OF
VETERANS AFFAIRS (VA).
Residents of the facility were usually veterans over age 62 or
suffering from a disability that prevented . . .
Don't let your employees take records home.(Legal Focus on
Hospital Law Issues)
CASE ON POINT: Korch v. State Bd. of Physical Therapy, No. 838C.D.
2005 (Pa. Commw. 03/27/2006) N.E.2d -PA
CASE FACTS: David Korch, a physical therapist employed by
Washington Hospital at the . . .
LA: survival suit & wrongful death suit filed: survival suit
barred--wrongful death suit not.(Louisiana)
CASE FACTS: James Brewer was hospitalized at Lakeview Regional
Medical Center and was standing for X-rays when he fell and was injured.
When he was returned to his room, his family noticed that his . . .
ID: did statute of limitations run on patient?: court remands
case to trial court for evidence.(Idaho)
CASE FACTS: On January 20,. 2000, Arthur Steele was injured in a
single vehicle rollover, during which he was ejected from the vehicle in
which he was riding. He was transported by ambulance to . . .
Res Ipsa requires proof 'no injury without
negligence'.(Hospital Law Case of the Month)
CASE ON POINT: Pflaster v. Regents of Univ. of California, No.
B174422253 (Cal. App. Dilst. 2 (01/29/2006)--CA
CASE FACTS: On May 30, 2002, James Pilaster entered the University
of California . . .
Court rejects application of 'apparent agency'.
ARE HOSPITALS VICARIOUSLY LIABLE FOR ALL PHYSICIANS WHO TREAT
PATIENTS AT THE HOSPITALS?
The answer depends on many factors. One is whether physicians are
employees of the hospitals. Another is . . .
Workers' comp. awarded to employee allergic to latex.(Legal
Focus on Hospital Law Issues)
CASE ON POINT: Garland v. St. Mary's No. E2005-01512-WC-R3-CV
(Tn. Work. Comp. 3/21/2006) S.W.3d -TN
ISSUE: When an employee is injured at work, he or she normally is
entitled to workers' . . .
Fl: suit for Pt.'s death--anesthesiologist fault? Judgment
for hospital on apparent agency issue.(Hospital Law Decisions of
Note
CASE FACTS: Correia Jones, the personal representative of the
estate of Earnestine Cox Mosley, challenged the entry of final summary
judgment for Tallahassee Memorial Regional Healthcare, Inc. . . .
Fl: Florida birth-related neurological injury act: did mother
receive notice law applied to her?(Hospital Law Decisions of
Note)
CASE FACTS: Florida is one of the few states that has a
Neurological Birth-Related Injury Compensability Law. Any physician at a
Florida hospital giving notice to patients that it is a . . .
1 year delay before pt. notified cancer diagnosed.(Hospital Law
Case of the Month)
CASE ON POINT: Columbia Rio Grande Healthcare v. Hawley, No.
12-03-427-CV (Tex.App. Dist. 13 3/23/2006) -TX
CASE FACTS: On November 22, 2000, Alice Hawley presented to Dr.
Armando Arechiga, her . . .
Appendectomy patient waited in ER for 5 hours.(Avakian v. Tenet
Health System, No. B171375 )
SHOULD ANYONE BE KEPT WAITING FOR 5 HOURS IN A HOSPITAL ER?
Unfortunately, that is what happened to a patient when, despite his
excruciating pain, he was kept waiting for 5 hours in a . . .
Oversized intubation tube injures child's vocal
cords.(Candice Cain)
CASE ON POINT: Kent v Baptist Memorial Hospital, 853 So.2d 873--MS
(2003)
ISSUE: In this unusual case the mother of a teenage patient alleged
that when her daughter required intubation, the . . .
LA: mental patient attacked by mental patient: summary judgment
granted under damage cap.(Louisiana, Moss Regional Hospital)
CASE FACTS: Karen Unkel, a mental patient, was hospitalized at Moss
Regional Hospital. Unkel was attacked by a psychiatric patient who was
under the care of Dr. Nguyen Nguyen. Unkel received . . .
MI: crossdressing male ER physician terminated: private
hospital's staffing decision not reviewable.(Hospital Law Decisions
of N
CASE FACTS: Dr. Gomer Pound, Jr., M.D. provided services at the
emergency room at Lee Memorial Hospital for approximately 13 years. At
the request of Fritz Fahrenbacher, the hospital's chief . . .
Enough is enough: hospital terminates physician's
privileges.(Hospital Law Case of the Month)
CASE ON POINT: Sadler v. Dimensions Healthcare Corp., 2003 WL
22799514 A.2d--MD
ISSUE: Generally, hospitals are more than reasonable in affording
physicians against whom complaints have been . . .
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