Health Law Reporter Index-Summary

E-HEALTH

– Prescriptions

E-PRESCRIPTIONS

– Computerized physician order entry use doubled over past five years, AHA releases annual “most wired” list, 907
– Sherman Act claims of internet pharmacy against PBMs time-barred (U.S., rev den), 1465

EAR, NOSE, AND THROAT SERVICES

– Vicarious liability, hospital not liable for malpractice by on-call otolarynologist (Tex. App.), 671

ECONOMY

– “Capital crunch” at hospitals, In Brief, 142
– Health care reform in stimulus package

See HEALTH CARE REFORM, FEDERAL

– New York City-area hospitals and SEIU announce talks on modifying collective bargaining agreement due to downturn, 560; tentative agreement to modify contract, 977
– Stimulus bill

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Troubled Asset Relief Program violations alleged by pharmacists in suit opposing Pfizer Inc. and Wyeth merger (N.D. Cal.), 1140; complaint dismissed, 1396

EDUCATION AND TRAINING

– Blog post did not violate privacy policy, nursing student reinstated (W.D. Ky.), 1113
– Chronic pain research, education, and training

See LEGISLATION, FEDERAL, HR 756

– Colleges and universities

See COLLEGES AND UNIVERSITIES

– GME

See GRADUATE MEDICAL EDUCATION (GME)

– Medical devices training reimbursement permitted under Mass. gift rules, 1016
– Teaching hospitals

See TEACHING HOSPITALS

– Wash., long-term caregivers ballot initiative requiring training and certification upheld (Wash.), 190

EDUCATIONAL INSTITUTIONS

See COLLEGES AND UNIVERSITIES

ELDER ABUSE

– Prosecution and research programs

See LEGISLATION, FEDERAL, HR 448

– SNFs, penalty for nursing assistant's rough treatment of patient affirmed (4th Cir.), 1023

ELECTRONIC HEALTH RECORDS

– Antitrust aspects of information sharing by public and private health insurers, BNA Analysis & Perspective, 990
– E-discovery, attorney shares key rules, 914
– Federal role in implementation expanded, attorney says, 661
– Fla., new law calls for state to develop universal patient release form, 831
– Hospital adoption levels low, In Brief, 443
– Incentives

– – Late adopters, advisory panel recommends more time to meet standards, 972
– – La. loan program, governor signs bill, 988
– – Md. governor signs new law, 696
– – “Meaningful use” definition key to success, attorneys raise questions, 719; policy committee drafts proposal, 794; advisory panel relaxes some elements, 972; payment estimates in flux, 1440
– – More urged by Health IT Coalition

See LEGISLATION, FEDERAL, HR 3200

– – New laws present triple threat to technology managers, BNA Analysis & Perspective, 537
– – Proposed rules planned for 2009, CMS official says, 595
– – Quick action by state leaders needed to tap stimulus funds, 289
– – State-by-state needs to implement mandates outlined by report, 1080
– – Stimulus provisions challenged on due process and privacy grounds (S.D.N.Y.), 906
– – Stricter rules on privacy and security addressed by attorneys, 1080

– Interoperability of systems tests, In Brief, 1225
– “Most wired”

– – Computerized physician order entry use doubled over past five years, AHA releases annual list, 907
– – Geisinger program began in 1990s, 549

– Nationwide adoption by 2014 urged by government, 368
– Privacy and security

– – AMA delegates approve guidance on breaches, 832
– – Commercial online personal medical records vendors, FTC issues privacy breach notification requirements, 749
– – Data breach notification mandate hailed and criticized, 275; correction, 335
– – Expect strong data breach enforcement from states, lawyer says, 693
– – Federal Trade Comm'n issues final rule, 1112
– – Identity theft

See IDENTITY THEFT

– – New law tightens standards, 215
– – No harm, House leaders urge HHS to strengthen notice rules, 1331
– – Notices for breaches proposed by FTC, 521
– – “Red flag rules”

See IDENTITY THEFT

– – “Risk of harm” threshold helpful, attorneys say, 1137; provider and industry groups support no-harm provision, 1438
– – States consider breach bills and protection of prescription drug data, 216
– – Understanding and implementing breach notification rules, BNA Analysis & Perspective, 1234

– Sharing across state lines by 2011 predicted by HHS coordinator, 633
– State law differences and liability fears are barriers, attorney says, 1142
– Statutory mandate, challenges of implementation considered, 660

ELEVENTH AMENDMENT

– EMTALA waiver of immunity claimed, retaliatory firing suit of physician who reported alleged violations dismissed (U.S., rev sought), 1089; (rev den), 1340

EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA)

See PATIENT DUMPING

EMERGENCY SERVICES

– Ambulance services

See AMBULANCE SERVICES

– Ariz., new law raises burden of proof to clear and convincing evidence for medical malpractice suits against emergency room doctors, 1030
– Attention deficit hyperactivity disorder, emergency room doctor can proceed to trial with ADA and Rehabilitation Act claims (W.D. Pa.), 490
– Balance billing

See BILLING

– Cal. law requiring health plans to reimburse providers not preempted by ERISA (Cal. Ct. App.), 633
– Call coverage

– – Excessive call hours, trial court ordered to reduce amount of award to doctor (Ark. Ct. App.), 1480
– – Neurosurgeon who provided telephone advice established doctor-patient relationship as matter of law, jury verdict reversed and remanded (Or. Ct. App.), 1508
– – On-call payments for physicians who treat uninsured patients do not violate anti-kickback law, advisory opinion, 683

– Charges for Kaiser members, jury trial ends in split verdict (Cal. Super. Ct.), 256
– Children

See LEGISLATION, FEDERAL, HR 479

– Civil rights violation allegations against hospital based on emergency room adverse events do not “relate back” to original complaint and are time-barred (S.D. Ind.), 263
– Corporate liability doctrine does not apply to hospital's alleged failure to follow policy requiring physicians to examine every emergency room patient (Tenn. Ct. App.), 36
– Corporate practice of medicine

– – No private cause of action under Tex. law, dismissal of suit by emergency room doctors against hospital system upheld (Tex. App.), 1031
– – Organization of emergency room doctors lacks standing to challenge TeamHealth contracts (Tex. App.), 169

– Emergency room physician may provide expert testimony on standard of care of emergency room nurses (N.D.W. Va.), 1089; reconsideration denied, 1410
– EMTALA issues

See PATIENT DUMPING

– Equitable accounting, disgorgement, and restitution unavailable for participants' ERISA suit against administrator for alleged breach of emergency care under health plan (E.D. Mich.), 461
– Medi-Cal

– – L.A. Care seeks to overturning ruling plans may not delegate to subcontractors risk of paying for emergency providers for those moved to managed care (Cal. Super. Ct.), 1222
– – Payments allegedly inadequate, physicians file proposed class action (Cal. Super. Ct.), 163

– Non-network hospitals, Bayonne Hosp. alleges Horizon BCBS used unlawful tactics to deter patients from using emergency room (D.N.J.), 1019
– Out-of-state hospitals, Pa. cannot condition payment for trauma services by W. Va. DSH on requirement that it be accredited by Pa., temporary restraining order granted (M.D. Pa.), 946; preliminary injunction entered against state officials and agencies, 1372
– Patient's right to refuse treatment does not justify battering hospital personnel (Wis. Ct. App.), 774
– Racial bias claim based on allegedly unjustified reprimand letter, no adverse employment action against African American physician (S.D.N.Y.), 1307
– Underpayment alleged, hospital's claims against plan administrator and external review organization may proceed (E.D. Cal.), 1151
– Vicarious liability, stipulated release of claims against hospital also released claims against emergency room physician based on negligence of attending nurse employee (Wash. Ct. App.), 849

EMPLOYEE BENEFITS

– Disability benefits

See DISABILITY BENEFITS

– Employer-sponsored health benefits, witnesses urge House panel not to cap or eliminate tax exclusion, 593
– ERISA plans

See ERISA

– Multiemployer pension and welfare fund contributions must be based on all wages including holiday and sick leave (D. Conn.), 1500
– Pregnancy, Ohio law requires reasonable maternity leave regardless of general leave policy (Ohio Ct. App.), 455
– Retiree benefits

See RETIREE BENEFITS

– Unemployment benefits for striking nurses, hospital must pay because there was no work stoppage (N.J.), 134

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYMENT DISCRIMINATION

– Age

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Disabled persons

See AMERICANS WITH DISABILITIES ACT (ADA); DISABLED PERSONS; REHABILITATION ACT

– Genetic

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– National origin

See NATIONAL ORIGIN DISCRIMINATION

– Pregnancy

See PREGNANCY DISCRIMINATION

– Race or ethnicity

See RACIAL OR ETHNIC DISCRIMINATION

– Religion

See RELIGIOUS DISCRIMINATION

– Sex discrimination

See SEX DISCRIMINATION

EMTALA (EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT)

See PATIENT DUMPING

END-OF-LIFE CARE

– Assisted suicide

See ASSISTED SUICIDE

– Health care reform

– – Democratic House proposal

See LEGISLATION, FEDERAL, HR 3200

– – Senate proposed bill, provision dropped according to Grassley (R-Iowa), 1111

– Hospice care

See HOSPICE CARE

END-STAGE RENAL DISEASE (ESRD)

– Antitrust, dialysis services company may amend complaint to cure Sherman Act pleading deficiencies but predatory hiring allegations fail (D. Colo.), 1165
– Health and welfare fund beneficiary termination after learning of Medicare eligibility due to ESRD violates MSP law (E.D. Tenn.), 1114
– Nutritional supplement program expansion not basis for penalties, advisory opinion, 902
– Out-of-network dialysis center, MSP law is not violated by lower reimbursement rates (N.D. Ga.), 255
– Renal dialysis facility prospective payment system rule proposed, In Brief, 1225

ENFORCEMENT POLICY

– Deferred prosecution agreements

– – House Judiciary Comm. hearing, 864
– – Oversight

See LEGISLATION, FEDERAL, HR 1947

– – Wellcare, In Brief, 593

– Executive of hospital must pay to resolve fraud allegations, attorneys call settlement “aggressive move” by IG, 1391
– Expect strong data breach enforcement from states, lawyer says, 693
– FCA amendments

See FRAUD ENFORCEMENT AND RECOVERY ACT (FERA)

– Foreign Corrupt Practices Act

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

– Fraud recoveries of nearly $2.3B reported in FY2008, 1436
– Health care fraud

– – Economy increases false claims risk requiring greater focus on compliance, attorney says, 387
– – HEAT, joint Justice Dep't and HHS effort praised by witnesses, 1471
– – Physicians under increased scrutiny, IG official says, 654
– – Preparing for 2009, BNA audioconference, 45
– – Prosecutions, BNA audioconference, 45
– – State-based Medicaid Fraud Control Units recovered $1.3B in FY2008, 1078

– HHS Inspector Gen.

– – Annual work plan for FY2010 includes ARRA-mandated reviews, 1340
– – Expects to recover more than $2.4B for first half of 2009, In Brief, 811

– HIPAA

– – ARRA funds will strengthen enforcement, speaker says, 333
– – Contract and policy changes needed, lawyers say, 495
– – Guidance on methods to protect information issued by HHS, 523; stakeholders need more specifics, 691
– – HHS Civil Rights Office to enforce security rule, 1049
– – New laws present triple threat to technology managers, BNA Analysis & Perspective, 537
– – Next phase, BNA Analysis & Perspective, 308
– – Privacy and security laws, new liability and compliance challenges, BNA Analysis & Perspective, 1273
– – Understanding and implementing breach notification rules, BNA Analysis & Perspective, 1234

– “Red flag rules”

See IDENTITY THEFT

– Rescission of three controversial Medicaid rules planned by CMS, 601; rescinded, 873

ENGLISH-ONLY RULES

See LANGUAGE REQUIREMENTS

ENVIRONMENTAL PROTECTION

– Kan. hospital agrees to pay to settle hazardous waste claims, 673
– Medical waste incinerators emission standards tightened, final rule, 1267

EQUAL PAY

– Female hospital vice president's pay claim may proceed but retaliation claim fails (W.D. Pa.), 1325

EQUAL PROTECTION

– Cal. 6-month residency requirement for prenatal care for low-income patients is unconstitutional (Cal Super. Ct.), 26
– Cook County, Ill. public hospital, doctors' claims survive motion to dismiss (N.D. Ill.), 208
– Gender reassignment surgery, state Medicaid agency's refusal to cover procedure not unconstitutional (W.D.N.Y.), 980
– HCQIA immunity, constitutional challenge dismissed (M.D. Fla.), 603
– Mass. reproductive health clinic buffer zone law challenge rejected (1st Cir.), 954

EQUIPMENT AND SUPPLIES

– DME

See DURABLE MEDICAL EQUIPMENT (DME)

– Exclusive joint purchasing agreement for hospitals to purchase medical and surgical supplies, no DOJ challenge, 1197
– Hospital bed defect alleged cause of injury, suit is premises liability claim not health care action, expert report not required (Tex.), 1181

ERISA

– Arbitration

– – Breach of contract claims brought against plan by provider are not preempted (9th Cir.), 1253
– – Clause enforceable in benefits denial case despite violations (8th Cir.), 181; (U.S., rev den), 1361

– Assignment of benefits, provider entitled to seek plan documents (E.D. La.), 132
– Authorization for treatment, state law claim not preempted (9th Cir.), 1208
– Autism therapy

– – Equitable relief unavailable for plan participant alleging administrator breached fiduciary duty in classifying treatment as experimental (E.D. Mich.), 369; class certification denied, 461
– – Summary plan description does not trump plan which is silent on issue of administrator discretion, no deference due decision to deny payment for treatment (D. Or.), 368

– Bankrupt employer, plan administrator's fiduciary liability limited to extent it exercised control of plan funds in terminating contract (6th Cir.), 1143
– Cal. emergency care payment law not preempted (Cal. Ct. App.), 633
– Claims processor allegedly interfered with contractual relations, hospital's suit not preempted (E.D. Cal.), 187
– Computer-assisted knee replacement surgery “investigational” label abused discretion, insurer liable for claim (E.D. La.), 1442
– Delayed or denied payments

– – Acute rehabilitative care delay allegedly led to injury, claim preempted (D.N.J.), 1214
– – State law claims by Mo. physicians against health insurers are preempted and must be litigated in federal court (S.D. Fla.), 157

– Denial documentation, administrator fined for failure to provide (W.D. Ark.), 221
– Disclosure of health insurance limitations

See LEGISLATION, FEDERAL, HR 1253

– Discretionary clauses barred

– – Mich. insurance rules not preempted (6th Cir.), 400
– – Mont. insurance commissioner prohibition aimed at industry and affects risk-pooling (9th Cir.), 1441

– Drugs with no generic version placed in highest copayment tier no violation of plan, proposed class action dismissed (E.D. Pa.), 833
– Dual-role administrators

– – Benefit claims review standards, new approach as courts adjust to Glenn decision, 53
– – Conflict only “one factor,” termination of disability benefits upheld (4th Cir.), 60
– – De novo review inconsistent with Glenn but denial of disability benefits improper (2d Cir.), 59

– Eating disorders treatment, Horizon Blue Shield of N.J. agrees to expand coverage, settlement of 2 class actions approved (D.N.J.), 556
– Eligibility for coverage allegedly misrepresented by employer, former plan participant may pursue claims that he was wrongfully terminated (S.D.N.Y.), 435
– Equitable accounting, disgorgement, and restitution unavailable for participants' suit against administrator for alleged breach of emergency care under health plan (E.D. Mich.), 461
– Equitable restitution to recover payments to providers for participant's minor child who was not enrolled denied (W.D. Wis.), 1443
– Explanation of benefits allegedly fraudulent, dismissal of RICO claim affirmed (8th Cir.), 336; (U.S., rev sought), 1021; (rev den), 1333
– Failure to convert to individual policy, former plan participant has no claim for benefits (W.D. Va.), 29
– Fair share laws, San Francisco ordinance requiring employee health care expenditures by local business, restaurant group brief arguing for en banc review accepted (9th Cir.), 64; rehearing en banc denied, 330; emergency stay sought (U.S., application filed), 399; (application for stay denied), 433; (U.S., rev sought), 761; city opposes review (brief filed), 1144; Solicitor General brief sought (order), 1332
– “Full and fair” review violated by raising new grounds for denying benefits, case remanded for further proceedings (5th Cir.), 398
– Health care reform issues raised by hearing speakers, 866
– HMO violated Mo. rule by charging copayment and coinsurance for single service (W.D. Mo.), 799
– Internal guidelines cited as reason for speech therapy coverage denial must be disclosed, reversed due to administrator's violation of duty (7th Cir.), 335; (U.S., rev den), 1334
– Malpractice claims against physicians who were plan medical directors preempted (N.J. Super. Ct. App. Div.), 290
– Mo. prompt payment law preempted (8th Cir.), 336
– Out-of-network

– – Dentists' inadequate payment claims against Wellpoint not barred by failure to exhaust administrative remedies (S.D. Fla.), 157
– – Incentives offered to patients by provider allegedly interfered with managed care organization's relationship with in-network providers, claim is not preempted (D.N.J.), 556
– – Negligent misrepresentation that knee treatment was in-network expense, state claim is not preempted (S.D. Ohio), 731

– Pay rate in provider agreement violation alleged, state law claims not preempted (5th Cir.), 1113
– PBM price disclosure, D.C. law preempted (D.C. Cir.), 401
– Penalties time-barred by Va. statute of limitations (W.D. Va.), 30
– Physical therapy or chiropractic treatment payments allegedly denied or delayed by United Healthcare, claims of group of medical providers and plan participants allowed (D. Ariz.), 597
– Physician's breach claims against former practice group including premature cancellation of health coverage not preempted, remanded to state court (W.D. Tenn.), 803
– Pre-certification, hospital's state contract breach claim preempted (S.D. Ohio), 596
– Privacy, claims that insurer negligently gave participant's address to ex-husband not preempted (C.D. Cal.), 695
– Prohibited transactions claim allowed in dispute over administrator's failure to pay benefits (D. Ariz.), 597
– Psychotherapy telephone consultations used billing code for face-to-face sessions, insurer's termination of plan participants on the basis of fraud was arbitrary, state law claims preempted (D.N.J.), 1051
– Removal to federal court unwarranted, attorneys' fees award affirmed (6th Cir.), 28
– Retroactive reinstatement of employer's coverage is equitable remedy allowed under §502 (10th Cir.), 1081
– Subrogation

– – Credit for copayments, challenge to health plan lien on third-party settlement rejected due to failure to exhaust administrative remedies (N.D. Cal.), 1212
– – Insurer may recover payments without intervening in earlier litigation (W.D. Ky.), 292
– – “Make whole” doctrine, trial needed to determine whether health plan participant who received payment from her underinsured motorist policy must reimburse plan (D. Or.), 402

– “Usual, customary, and reasonable” charges methodology challenged, provider must exhaust remedies, claim dismissed (D.N.J.), 496
– Withdrawal of policy from N.Y. small group market, group health insurer failed to establish rules for eligibility (S.D.N.Y.), 1020
– Wrongful termination of plan alleged, employer's state law claim preempted (N.D.N.Y.), 663

ESRD

See END-STAGE RENAL DISEASE (ESRD)

ESTABLISHMENT CLAUSE

– Participation in 12-step program, medical license suspension precludes constitutional claims related to board requirement (U.S., rev den), 841

ETHICS

– AMA guidance on responsibilities in case of breach of electronic health information approved by delegates, 832
– Drug and device industry codes for interactions with health care professionals, “opportunities for mischief” remain according to IG official, 863
– Gifts

See GIFTS

ETHNIC DISCRIMINATION

See RACIAL OR ETHNIC DISCRIMINATION

EUTHANASIA

See ASSISTED SUICIDE

EVIDENCE

– Arizona

– – Burden of proof, new law raises to clear and convincing for medical malpractice suits against emergency room doctors, 1030
– – Spoliation claim dismissed, no state cause of action for intentional or negligent loss of allegedly defective prosthesis (Ariz. Ct. App.), 1183

– Burden of proof, hospital peer review committee erred in ruling anesthesiologist had to prove she did not mishandle controlled substances (Cal. Ct. App.), 844
– “Cat's paw,” trial judge should have made threshold decision on sufficiency of proof (7th Cir.), 426
– EMTALA, insufficient proof of motor vehicle accident victim emergency condition diagnosis or inadequate screening, claim dismissed (N.D.W. Va.), 1089; reconsideration denied, 1410
– Expert testimony

See EXPERT WITNESSES

– Hearsay, plaintiff's testimony about medical tests and cause of pain allowed as cumulative (Ind. Ct. App.), 344
– Key causation proof submitted months after judge's deadline, exclusion upheld (9th Cir.), 502; (U.S., rev sought), 919
– Res ipsa loquitur

See CAUSATION

– Videotaping of testimony of pharmaceutical company officials allowed in alleged AndroGel generic delay suit by FTC (D.C. Cir.), 1433

EXCLUSIONS AND TERMINATIONS

– Chiropractors excluded from managed care organization panel did not prove violation of state HMO law (Tenn. Ct. App.), 435
– Clinical laboratories, revocation of certification for sending samples to another laboratory upheld, review petition denied (10th Cir.), 754
– Executive of Cal. nursing home chain agrees to permanent exclusion, IG announces, 939
– Health and welfare fund beneficiary termination after learning of Medicare eligibility due to ESRD violates MSP law (E.D. Tenn.), 1114
– Medicaid benefits termination due to residuary trust, judicial review available because claims “remedial” (10th Cir.), 99
– Mich., Medicaid officials must consider whether beneficiaries currently receiving Family Independence Program benefits qualify under disability-related category before terminating benefits, injunction granted (E.D. Mich.), 701
– Public interest in providing uninterrupted funding to nursing home, temporary restraining order bars termination of Medicare and Medicaid agreements (W.D. La.), 223

EXECUTIVE COMPENSATION

– Details of nonprofit hospital practices in final report on IRS study, 205
– Financial data from largest health insurance companies sought by House committee, 1141
– Initial contract exception, IRS exploring impact on comparable salary information, 922
– Mass. attorney general announces increased oversight of nonprofit charitable health organizations, 1200
– Nonprofit corporate law developments in 2008, BNA Analysis & Perspective, 73
– N.D. regulator seeks BCBS data on compensation and travel policies after report finds “excessive expenses,” 1255
– Recent corporate governance developments, BNA Analysis & Perspective, 776
– Repeal of rebuttable presumption of reasonableness proposed by Grassley (R-Iowa), 1247; Grassley does not offer amendments as part of markup, 1344

EXHAUSTION OF REMEDIES

– Medicare Part D doughnut hole challenge dismissal upheld (3d Cir.), 1057
– NPDB report challenge must first be administratively reviewed by HHS Sec'y (D. Nev.), 947
– Out-of-network dentists' inadequate payment claims against Wellpoint not barred (S.D. Fla.), 157
– Physician who was subjected to discipline by state licensing board after license had expired must pursue administrative remedies, suit dismissed (Kan.), 135
– Refusal to attend hearing doomed doctor's suit to reinstate staff privileges (N.J. Super. Ct. App. Div.), 1088
– Stark law claims of cardiologists and catheterization labs dismissed due to potential for indirect administrative challenge (D.D.C.), 517
– State tax costs, mandamus petition filed by 27 hospitals seeking to reopen cost reports dismissed due to failure to exhaust (D.D.C.), 348
– Subrogation and credit for copayments, challenge to health plan lien on third-party settlement rejected due to failure to exhaust remedies (N.D. Cal.), 1212
– Translator policy, review of HHS guidance denied due to lack of “ripeness” (9th Cir.), 408
– TRICARE, hospitals must seek administrative remedies against managed care contractors before filing suit (3d Cir.), 1210
– “Usual, customary, and reasonable” charges methodology challenged, provider must exhaust remedies, claim dismissed (D.N.J.), 496
– Wage index calculation allegedly incorrect, magistrate recommends remand of action filed by hospitals due to lack of reviewable final action by CMS (D.D.C.), 408

EXPERIMENTAL TREATMENTS

– Autism, applied behavior analysis therapy

See AUTISM

– Bone marrow transplant for leukemia patient not experimental, welfare plan ordered to pay (N.D. Ohio), 254; refusal to pay was not arbitrary, ruling reversed (6th Cir.), 1209
– Computer-assisted knee replacement surgery “investigational” label abused discretion, insurer liable for claim (E.D. La.), 1442
– Radio frequency ablation treatment for lung cancer, negligence in making benefit determination claim reinstated against plan administrator (Cal. Ct. App.), 524

EXPERT WITNESSES

See also CAUSATION
– Ala., case alleging injury from steroid epidural requires expert testimony (Ala.), 704
– Ariz., expert qualification standards statute does not violate state constitution (Ariz.), 375
– Death nearly two years after open-heart surgery on infant, proffered expert testimony on negligent act by surgeon not scientifically reliable (E.D. Pa.), 1149
– Elderly man fell in hospital shower, expert not required to prove health aide negligence (Okla. Ct. App.), 105
– Emergency room physician may provide testimony on standard of care of emergency room nurses (N.D.W. Va.), 1089; reconsideration denied, 1410
– Emotional distress, hospital employee whose health records were accessed by fellow workers may not recover damages due to failure to prove emotional injury (Iowa), 702
– EMTALA, federal rules preempt state law on evaluating testimony (S.D. Tex.), 40
– Expert reports to establish standard of care

See TEXAS

– Gastric band alleged cause of injuries, expert opinion on proximate cause needed (Neb.) (correction), 42
– Hour delay in completing delivery of dead baby, expert evidence not needed to prove emotion distress claims (Ill.), 1505
– Independent medical examination in personal injury case implies physician-patient relationship, expert standard of care testimony required (Tenn. Ct. App.), 951
– Ind., expert testimony based solely on knowledge and experience not subject to state evidence reliability requirement, judgment for doctor in delivery malpractice suit reversed (Ind. Ct. App.), 880
– Key expert causation proof submitted months after judge's deadline, exclusion upheld (9th Cir.), 502; (U.S., rev sought), 919
– Morbidity and mortality testimony not based on scientifically reliable data, excluded in heart surgery technique suit (E.D. Pa.), 705
– Necessity of treatment, exclusion of expert testimony in auto accident negligence suit upheld (Ind. Ct. App.), 344
– N.C., treating physicians may testify in malpractice suit without being designated as expert before trial, bright line exception to law (N.C. Ct. App.), 533
– Okla., malpractice reform law signed by governor includes requirement for written expert opinions in malpractice cases, 735
– Patient compensation fund's expert testimony on preexisting risk of harm allowed if relevant to amount of damages (Ind.), 345
– Physician who submitted standard of care testimony may not represent plaintiffs as lawyer (Tenn. Ct. App.), 533
– Res ipsa loquitur

See CAUSATION

– Sanction of physician by medical board for ineffective use of biofeedback machine to diagnose allergies, expert testimony not needed (Wash.), 766
– Wheelchairs, claims for injury to unattended woman reinstated, no expert testimony required (Ohio Ct. App.), 1411
– Wis., suicide due to psychiatric unit negligence claim may be pursued under custodial care provisions, expert medical testimony not needed (Wis. Ct. App.), 735

EYE CARE

– Antitrust, eye surgery instrument maker's tying suit dismissed for failure to plead price coercion, reconsideration denied (S.D.N.Y.), 1165
– Cal. restrictions on opticians working in same locations as optometrists and ophthalmologists not subject to strict scrutiny, case remanded (9th Cir.), 736
– Children

See LEGISLATION, FEDERAL, HR 577

– Lasik surgery suit not time-barred, continuing treatment doctrine survives gap in treatment and use of other physician (N.Y. App. Div.), 261
– Optician fired for insubordination after repeatedly complaining about allegedly illegal store practices may proceed with wrongful discharge claim (E.D. Tenn.), 1295
– Unprofessional conduct by ophthalmologist assessing and treating patients with cataracts, discipline affirmed (Vt.), 1176
– Upcoding of eye exams determination by Medicaid agency erroneous (Iowa), 981
– Vision Service Plan not entitled to tax exemption (U.S., rev den), 71