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 …
Two Times Twelve Doesn’t Necessarily Equal Twenty-Four
April 14, 2017 Leave a Comment
In the august halls of a federal courthouse, things aren’t always what they seem. Say, for example, court rules require that briefs must “be double-spaced and in 12-point font with 1-inch margins.” Knowing that a “point” is 1/72 of an inch, you might assume that the font should be 12/72, or …
Hail Mary Passes & Banana Peels
March 30, 2017 Leave a Comment
March 23 saw a rare spectacle in the courtroom of the Indiana Supreme Court: lawyers for a medical malpractice case plaintiff, supported by the Indiana Trial Lawyers as amicus, and lawyers for the physician defendant in the case, supported by Defense Trial Counsel of Indiana as amicus, argued for the same result: …
Sometimes a Belt & Suspenders Aren’t Enough
March 29, 2017 Leave a Comment
Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence. The trial court thought so. It granted the hospital’s motion to compel arbitration and then entered judgment …
HHS Secretary Backs Medicare Balance Billing
March 17, 2017 Leave a Comment
Generally speaking, patients really dislike balance billing. Sometimes called “surprise billing,” “balance billing” refers to billing a patient for the difference between the health care provider’s charge and the amount a patient’s insurance company pays. Say, for example, the doctor charges $125 …
Rare Physician Win in Peer Review Lawsuit
March 13, 2017 Leave a Comment
Since enactment of the Health Care Quality Improvement Act in 1986, physicians haven’t usually fared well when they go to court to stop or delay hospital peer review actions, provided the hospitals follow the procedural steps set out in the Act. But Dr. Patrick Murphy persuaded the Illinois Appellate Court …