When 30 Days Is Not 30 Days

When is 30 days not 30 days? Concerned about a surgeon’s skill, a hospital ordered him to “have five bowel surgery cases proctored,” specifying no time limit.  After a month, when the surgeon hadn’t met the five-case requirement, the hospital filed an adverse report with the National Practitioner Data …

[Read more...]

Agency Law Takes Center Stage in Psychologist Torture Case

If you think agency law is boring, take a look at the Jan. 27 opinion by a federal court in the torture case brought by three foreign citizens against two psychologists who worked for the CIA.  The plaintiffs filed suit under the Alien Torture Act, alleging that they were subjected to an experimental torture …

[Read more...]

CMS Report Blasts Provider Directory Errors

A new report by CMS echoes many patients in criticizing Medicare Advantage (MA) online provider directories for containing too many errors.  “Online Provider Directory Review Report” concludes that too often a directory entry is incorrect because the provider wasn’t at the listed location, the phone number …

[Read more...]

Physician Liability for Death of Nonviable Fetus

If an obstetrician’s negligence causes the miscarriage of a nonviable fetus—i.e., one that couldn’t live outside the womb--does the patient have a cause of action for wrongful death?  In Alabama the answer is yes, according to a unanimous opinion by the state’s highest court. Kimberly Stinnett alleged …

[Read more...]

Apology Laws Are Not Self-Executing

A recent study of state apology laws by three Vanderbilt University researchers concludes, among other things, that “from the perspective of physicians, apology laws are almost certainly detrimental,” increasing the frequency of malpractice claims and the amount of indemnity payments. State apology laws are …

[Read more...]

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...]