Shakespeare on Medical Staff Credentialing

Who says a background in English literature has no practical value? Certainly not the attorneys defending Dimensions Health in a class action filed on behalf of patients treated by an OB/GYN on the Dimensions medical staff. Their Memorandum in Support of Motion to Dismiss prominently invokes one of the Bard’s …

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The High Price of Frivolous Filings

If the facts recited by a federal court in its 148-page order are correct, two Florida plaintiffs’ law firms have given new meaning to the term frivolous filing. As a consequence of the filings, the court imposed sanctions of $9.1 M, in addition to a public reprimand and an ethics referral to the Florida …

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In-Vitro Fertilization Inconceivable to Legislature

On Oct. 16 the Georgia Supreme Court ruled that the statute covering children “conceived by means of artificial insemination” doesn’t cover children born by means of in-vitro fertilization (IVF). Why? Well, for one thing, the statute was enacted in 1964, and the court says that IVF was unknown until the …

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Tort Reform by Any Other Name

A rose by any other name may smell as sweet, but tort reform still smells bad to traditional opponents despite an attractive title.  That’s why most observers believe that the House-passed “Protecting Access to Care Act,” H.R. 1215, is going nowhere. Opponents don’t oppose the goal of protecting access …

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Iowa Supreme Court Recognizes Wrongful Birth Action

On June 2 the Iowa Supreme Court expressly recognized the right of parents to sue for wrongful birth. Pam and Jeremy Plowman allege the following: Pam underwent ultrasound in week 22 of her pregnancy. The radiologist’s report noted fetal head abnormalities and recommended follow-up. But her OB/GYN told her …

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Sometimes It’s Not What You Say But How You Say It

A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say.  In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must rehire a former employee. New hire Camille Legley made quite an impression on his first …

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