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 …

[Read more...]

Last Rites for ER Doctor’s EMTALA Claims

ER physician Ryan Kime believed his hospital lacked the resources, procedures, and capacity to meet the requirements of EMTALA, and he repeatedly said so. At an ER meeting he reported two cases as possible EMTALA violations but supplied no details. Because of the ER’s unacceptable wait time, some patients …

[Read more...]

Co-Winners of May’s Low-Return Fraud Award

We have a tie! Danielle Burroughs and Tim Arthur are co-winners of the Low-Return Fraud Award for the month of May. On May 30 a federal court ordered Danielle to pay a whopping $2.8 million in restitution for her role in a health care con that according to prosecutors paid her only $191,000. That means she owes …

[Read more...]

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 …

[Read more...]

$4 Million Liability for Bad Legal Advice to a Chiropractor

Allstate Insurance has won a judgment of nearly $4 million against a NY lawyer and Calif. consultant who guided a NJ chiropractor in structuring a medical practice designed to appear to meet the requirements of the state Insurance Fraud Protection Act (Act) while actually violating them. The defendants owned a …

[Read more...]

Who Says Ignorance of the Law Is No Excuse?

If you think that ignorance of the law is no excuse, take a look at the Eleventh Circuit’s opinion in US ex rel. Phalp v. Lincare Holdings. It leaves no doubt that in a False Claims Act case, ignorance can be a solid defense. Oxygen supply company Lincare was sued by two former salesmen for violating of the …

[Read more...]