EMTALA Anti-Retaliation Rule Narrower Than You Might Think

Regional Care Hospital fired Marie Gillispie because she was outspoken in telling hospital management that it was required to report an incident of patient dumping and had violated EMTALA by failing to do so.  At least that’s what Marie said in her federal lawsuit against the hospital for violating EMTALA’s …

[Read more...]

8th Cir. Resists Opportunities to Nix Nursing Home Arbitration

The plaintiff offered the Eighth Circuit several reasons to rule that he needn’t arbitrate claims against his father’s nursing home.  But, figuratively swimming against the juridical current, the Eighth Circuit rejected all of them. When Eddie Robinson’s father entered Pine Hills nursing home, he signed …

[Read more...]

Broadening of Indiana Collateral Source Statute

The issue comes up a lot in personal injury cases: may the defendant introduce the discounted amount the provider actually accepted for medical services as evidence to be weighed against the undiscounted bill the plaintiff introduces?  In the case before the Indiana Supreme Court the two amounts were miles apart: …

[Read more...]

The Difference between Expecting Referrals & Inducing Them

A new Fifth Circuit opinion explains the difference between offering a benefit in order to induce a Medicare referral and offering it in the expectation of a referral.  The difference is important because the former is a serious federal crime, while the latter is perfectly legal. Whistleblower Susan Ruscher …

[Read more...]

La. Decision Clears Path for Circumventing Med Mal Cap

Brandi’s parents allege that they rushed her to the Opelousas General Hospital ER and asked Dr. Z to administer stroke medication, but Dr. Z declined, administering anti-seizure medication instead.  Frustrated, they transferred her to another hospital, which administered stroke medication over four hours after …

[Read more...]

Whistleblower Can’t Use Discovery Info to Satisfy Rule 9(b)

Rule 9(b) requires a whistleblower alleging fraud to “state with particularity the circumstances constituting fraud.”  Tom Bingham provided the particularity, but his case was nevertheless dismissed because of the way he came by the information. Tom filed a qui tam action against HCA alleging that it …

[Read more...]