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Hospital Law's Regan Report

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Hospital's unlawful labor practice results in TRO under NLRA.
HOSPITALS CANNOT RUN ROUGHSHOD OVER EMPLOYEES WHO ATTEMPT TO FORM UNIONS. That was the lesson to be learned from this interesting Kentucky case, in which after hospital employees attempted to . . .

Mental patient slugs psych. Nurse: was there duty to warn?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Mental Health Care, Inc., v. Stuart, 2005 WL 1812879 So.2d--FL ISSUE: Does a case manager at a mental health center have a duty to warn a psychiatric hospital that a patient being . . .

TX: ventilator disconnected for servicing: failure to reconnect results in death of patient.(Hospital Law Decisions of Note)(Sco
CASE FACTS: In 1993, Dorothea Scott suffered a stroke that left her dependent on a ventilator. On October 28, 1994, her family had her admitted to Beechnut Manor Nursing Home, where she resided in . . .

NY: excess absenteeism--a termination or a quit? Unemployment benefits denied--'just cause' issue.(Hospital Law Decisions of Not
CASE FACTS: Tomeka Oliver worked as a part-time phlebotomist from February 2002 until August 2004. After receiving several warnings concerning excessive absenteeism. Oliver failed to report to work . . .

Does wrongful death damage cap apply in Toto?(Hospital Law Case of the Month)
CASE ON POINT: Sereff v. Steedle, 2005 WL 1903816 P.2d--CO ISSUE: Does a damage cap for recovery in a wrongful death cases mean that the total amount that can be recovered on behalf of . . .

Trial ordered as nurses challenge hospital's pay stub.
MOST EMPLOYEES HAVE NO INPUT AS TO HOW THEIR EMPLOYERS PRESENT THEIR PAY RECORDS. However, in this unusual California case four nurses employed by a hospital filed suit against the hospital to . . .

Failure of plaintiff to attempt to introduce testimony fatal to case.(Legal Focus on Hospital Law Issues)(Medical malpractice ca
CASE ON POINT: Phibbs v. Children's Hosp. Med. Ctr. of Akron, 2005 WL 1460309 N.E.2d--OH ISSUE: Is the failure of a plaintiff (whose in limine efforts to introduce testimony of expert medical . . .

AR: Dr. prescribed over phone--no exam of Pt.: both hospital and Drs. sued after patient died.(Hospital Law Decisions of Note)
CASE FACTS: At noon, on June 29, 2000, Winston Rice went to Cross Ridge community Hospital, complaining of hip and groin pain. He was seen at the hospital by Dr. J. Trent Beaton, the emergency-room . . .

PA: court orders treatment at psych. hospital: state balks at paying--'medically necessary' issue.(Hospital Law Decisions of Not
CASE FACTS: K.T. was admitted to Devereux Hospital on March 26, 1997, pursuant to a court order dated March 11, 1997. The court placed K.T. at Devereux because of K.T.'s polysubstance dependence . . .

Does EMTALA apply to babies 'born' in hospitals?(Hospital Law Case of the Month)
CASE ON POINT: Preston v. Meriter Hospital. 2005 WL 1630852 N.W.2d--WI ISSUE: Does the Emergency Medical Treatment and Active Labor Act (EMTALA) apply to babies 'born' in hospitals? That was . . .

Bequests to hospitals should provide for contingencies.(Episcopal Charities of Albany, Inc. (Albany Medical Center) and its affi
IN THIS EXTRAORDINARY NEW YORK CASE, A HUSBAND AND WIFE CREATED TESTAMENTARY TRUSTS FOR THE BENEFIT OF THE SURVIVOR DURING THEIR LIFETIME. The remainder was left for the benefit of several . . .

Where was this doctor when he was needed?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Blailock v. Hubbs, 2005 WL 1385214 So.2d--MS ISSUE: Where was this doctor when he was needed? That was the question in this Mississippi case. After ascertaining that a patient . . .

LA: hepatitis results from old blood transfusion: statute of limitations is absolute bar to recovery.(Hospital Law Decisions of
CASE FACTS: in January 1981, Aiko Walker was hospitalized for surgery at Bossier Medical Center, where she received a blood transfusion. More than a decade later, in February 1992, the patient . . .

OH: misdiagnosis of abdominal abscesses on teen: court holds in limine rulings not appealable.(Children's Hospital's case of med
CASE FACTS: The parents of Thomas Phibbs, a 16-year-old diagnosed with Henoch-Schonlein Purpura with acute renal failure and other medication conditions. The boy received treatment for his . . .

Dr.'s attempt at natural childbirth fails: hospital liable.(Hospital Law Case of the Month)
CASE ON POINT: First Nat. Bank v. Glen Oaks Hosp. 2005 WL 11989638 N.E.2d--IL CASE FACTS: First National Bank of LaGrange was the guardian of the Estate of Benjamin Chase. The bank brought suit . . .

Was emergency C-Section delayed due to hospital SNAFU?
DO PHYSICIANS HAVE CAUSE TO DELAY AN EMERGENCY C-SECTION IF NO OR IS AVAILABLE? That was just one issue with which the courts were confronted in this case. The hospital involved had several . . .

Infection at shunt site erroneously diagnosed as 'constipation'.(Legal Focus on Hospital Law Issues)
CASE ON POINT: Gahler v. San Joaquin County General Hospital, 2005 WL 1231504--CA ISSUE: Courts are often quick to grant motions for summary judgment for physicians and hospital. In this . . .

CA: mentally ill Pt. allowed to wander halls: victimized Pt.'s complaint v. hospital time barred.(patients; cases of medical mal
CASE FACTS: On October 28, 2003, Angela Evans filed a complaint against Hemeb Valley Medical Center for medical malpractice and assault and battery. She alleged that she was hospitalized there from . . .

CA: failure to notify of need to renew privileges: privileges automatically expired--Dr. gets TRO.(Encino-Tarzana Regional Medic
CASE FACTS: Dr. Gil Mileikowsky brought suit against Tenet Healthsystem and Encino-Tarzana Regional Medical Center (ETRMC). Dr. Mileikowsky filed a petition for writ of mandate alleging that he . . .

Failure to object to jury instructions can be fatal.(Hospital Law Case of the Month)
CASE ON POINT: LaCombe v. Aurora Medical Group, Inc., 683 N.W.2d 532-WI (2004) ISSUE: In this unusual Wisconsin case, a jury returned a verdict in favor of a plaintiff in a suit against a . . .

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