Trauma Pt. emerges from surgery partly paraplegic &
blind.
ON OCTOBER 23, 1998, KEITH THEOBALD WAS INVOLVED IN A MULTI-VEHICLE
COLLISION DURING WHICH HE WAS THROWN FROM HIS PICKUP TRUCK AND SERIOUSLY
INJURED. He was flown to University Hospital (UH), the . . .
The operation was a success, but the patient died.(Legal Focus on
Hospital Law Issues)
CASE ON POINT: Craig v. San Dimas Community Hospital, 2005 WL
605454--CA
ISSUE: In this extraordinary California case, the operation was a
success, but the patient died! After undergoing renal . . .
LA: whistle blower discloses false time records: was employee
victim of retaliatory termination?(Hospital Law Decisions of
Note)
CASE FACTS: Trudy Zorn was employed by East Jefferson General
Hospital (EJGH) as a patient access representative in the
cardiopulmonary department. She was hired as a secretary on April 1,
1985. In . . .
IN: agency tries to enjoin former employees: court refuses to
grant injunctive relief.(Hospital Law Decisions of Note)
CASE FACTS: PrimeCare (Prime) is a provider of home health care
services in Indiana. Angels of Mercy (Angels) is also a provider of home
health care services in Indiana. Carol Carter and Deanna . . .
Teenage female patient sues hospital after being raped by
patient.(Hospital Law Case of the Month)
CASE ON POINT: Afamefune v. Suburban Hospital, Inc., 2005 WL 608166
A.2d -MD
ISSUE: All to often, hospitals are remiss in failing to ensure the
safety and security of their patients. In many . . .
Non-competition agreements must not be too restrictive.
COMMUNITY HOSPITAL GROUP ALSO KNOWN AS JOHN F. KENNEDY MEDICAL
CENTER (JFK) IS A NOT-FOR-PROFIT HOSPITAL IN NEW JERSEY. In 1992, JFK
created the New Jersey Neuroscience Institute (Institute), . . .
Nurse, subject to seizures, ordered to report 'right
away'.(Legal Focus on Hospital Law Issues)(Tallahassee Medical
Center, Inc)
CASE ON POINT: Hernandez v. Tallahassee Medical Center, Inc., 2005
WL 414842 So.2d -FL
ISSUE: Ordinarily, an employer is not liable for injuries sustained
by an employee going to work. There are . . .
FL: $1.3 million award v. uninsured physician: hospital not
liable for first $250,000.(Hospital Law Decisions of Note)
CASE FACTS: Josie Miller underwent a cervical decompressive
laminectomy, performed by Dr. Mario Nanes, a neurosurgeon with staff
privileges at Parkway Regional Medical Center. In the following . . .
ID: Hospital employee terminates his employment: benefits
denied--failure to show 'good cause'.(Hospital Law Decisions
of Note)
CASE FACTS: Richard Buckham was employed as dietary manager by
Idaho Elk's Rehabilitation Hospital from November 2000 until August
of 2003. In June and July of 2003, Buckham took two leaves of . . .
Court finds patient's affidavit of merit
satisfactory.(Hospital Law Case of the Month)
CASE ON POINT: Hull v. Southern Illinois Hospital Services, 2005 WL
583757 N.E.2d -IL
ISSUE: In order to stem the flow of frivolous law suits, many
states have enacted laws and promulgated rules . . .
Court upholds summary suspension of physician's
privileges.
SOMETIMES, HOSPITALS MUST TAKE SUMMARY ACTION TO SUSPEND
PHYSICIAN'S STAFF PRIVILEGES TO IMMEDIATELY ENSURE THAT PATIENTS
ARE NOT AT RISK. The failure of hospitals to take such action may not
only . . .
'Limitations on lifting' not sufficient for ADA
suit.(Legal Focus on Hospital Law Issues)(disabled nurses)
CASE ON POINT: Lundquist v. Rice Memorial Hospital, 2005 WL 156640
-MN
ISSUE: Is the Americans with Disabilities Act (ADA) applicable to
nurses who have limitations on the amounts they are . . .
PA: termination for excessive absenteeism: suit under ADA and
FMLA unfounded.(Hospital Law decisions of Note)
CASE FACTS: Aurea Fogleman was employed as a pharmacy technician at
Hazleton Saint Joseph Medical Center in June of 1999. She was terminated
on June 20, 2000, on the grounds of excessive . . .
KY: occluded artery--post cardiac catheterization: court rejects
rigid list of duties for 'due care'.(Hospital Law Decisions of
CASE FACTS: Irene Slone went to the outpatient department at
Central Baptist Hospital on July 30, 1997, for a cardiac
catheterization. She had previously undergone two cardiac
catheterizations and . . .
Nurse seeks disability leave while employed at another
hospital.(Hospital Law Case of the Month)
CASE ON POINT: Lonicki v. Sutter Health Central, 22 Cal. Rptr. 3d
177 -CA (2004)
ISSUE: There is always someone looking to take advantage of the
system. In this extraordinary case, a nurse was . . .
Evidence of 'red flag' in negligent credentialing case
inadmissible.(medical malpractice)
PETER JALOWITZ HAD AN ENLARGED HEART AND A HISTORY OF AORTIC
STENOSIS. The 81-year-old patient who had previously undergone surgery
to repair an aortic valve a year earlier was at risk for sudden . . .
Is risk of liability for floor maintenance nondelegable?(Legal
Focus on Hospital Law Issues)
CASE ON POINT: Emrich v. Grady Memorial Hospital, 2004 WL 2895977
N.E. 2d --OH
ISSUE: Many slip and fall cases occur both in and out of hospitals.
The responsibility that a hospital has for the . . .
NY: patient objects to administration of lithium: nurse
practitioner testifies re Pt.'s need for Rx.(Hospital Decisions of
Note)
CASE FACTS: Carol A., a psychiatric patient who had been diagnosed
with manic depressive and bi polar disorder, was a patient at Mohawk
Valley Psychiatric Center. The patient objected to the . . .
NY: employee had history of chemical sensitivity: workers'
compensation awarded to employee.(Hospital Law Decisions of
Note)
CASE FACTS: Johanna Carlson-Fanelli had a history of multiple
chemical sensitivity stemming from her early childhood exposure to DDT
in Panama. In 1988, she began working as a dietetic technician . . .
The right & responsibility to curtail & terminate
privileges.(Hospital Law Case of the Month)
CASE ON POINT: Mason v. Central Suffolk Hospital, 786 N.Y.S.2d
413-NY (2004)
ISSUE: In this interesting case, the New York courts were
confronted with the question of whether or not a hospital . . .
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