Health Law Reporter Index-Summary

WAGES AND SALARIES

– Antitrust wage suits

– – Chicago-area wage suppression suit denied class certification (N.D. Ill.), 1324
– – Detroit hospitals and RNs seek court approval of settlement (E.D. Mich.), 423
– – RNs and Albany hospitals seek approval of proposed settlement (N.D.N.Y.), 327
– – Unionized hospital is not entitled to dismissal of claims by RNs (E.D. Mich.), 424

– Back pay, reinstatement of nurse's aide accused of hitting group home resident upheld due to lack of proof (C.D. Ill.), 207
– Cal., proposed wage cuts for home care workers

– – Am. Recovery and Reinvestment Act violation, CMS opinion, 637
– – Preliminary injunction halts planned cuts (N.D. Cal.), 872; Fresno County may not be dismissed from suit, 1447; emergency stay denied but appeal expedited (9th Cir.), 1447

– Executive compensation

See EXECUTIVE COMPENSATION

– FICA taxes, medical residents' stipends

See GRADUATE MEDICAL EDUCATION (GME)

– Medicaid, Okla. agency did not breach contracts with nursing homes, summary judgment for state in pay rates class action (Okla. Dist. Ct.), 666
– Medicare wage index

See COST REPORTS

– Multiemployer pension and welfare fund contributions must be based on all wages including holiday and sick leave (D. Conn.), 1500
– Overtime

See OVERTIME

– Pilot for air ambulance service fired after making complaints about aircraft safety entitled to reinstatement and back pay (DOL ARB), 937
– Unemployment benefits for striking nurses, hospital must pay because there was no work stoppage (N.J.), 134

WAIVERS

– Bad references, physician's claim that hospital damaged his chances by disclosing prank to prospective employer dismissed (7th Cir.), 1026
– Informed consent

See INFORMED CONSENT

– Rescission denied, nurse's release of sex bias claims valid despite threats by ex-husband who was CEO of hospital (E.D. Mich.), 1108
– 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

WARNINGS

– Cardiac scanner testing volunteer owed no duty of due care by staff radiologist who exceeded obligation by warning of danger (Ill. App. Ct.), 262
– Ind. pharmacy owed no duty to warn woman of drug interaction (N.D. Ind.), 985
– S.C., attorney general settles suit to recover cost of treating Zyprexa side effects (S.C. Cir. Ct.), In Brief, 1436

WASHINGTON

– Antitrust, state hospital immune from certain federal and consumer claims by physician alleging oncology services monopoly (W.D. Wash.), 1394
– Assisted suicide, proposed rules for physicians issued, 137; state medical association preparing legal guidance for doctors, 260
– Certificate of merit prior to filing medical malpractice lawsuit ruled unconstitutional (Wash.), 1261
– Consumer protection law does not apply to surgery-related losses (Wash.), 1309
– DSHs, state medically indigent and general assistance unemployable patients should not be included in calculation (W.D. Wash.), 1374
– Fines on insurance carriers for regulatory violations disclosed, 635
– Life partner excluded, claims against nurse who prevented woman from being with her dying partner allowed (Wash. Ct. App.), 44
– Long-term caregivers ballot initiative requiring training and certification upheld (Wash.), 190
– Medicaid

– – Average wholesale price changes, pharmacy trade groups allege inadequate reimbursement (W.D. Wash.), 1337
– – Disabled rehabilitation therapy cuts enjoined (W.D. Wash.), 1222; negotiations continue, 1407
– – In-home care for disabled children, temporary restraining order halts funding cuts (W.D. Wash.), 912; state agrees to restore services, 1407
– – Personal care services, law cutting payments to those who care for relatives does not violate ADA and Medicaid Act, injunction denied (W.D. Wash.), 1120; stayed pending appeal, 1407
– – Service cuts to disabled adults, nursing facilities, and in-home personal care, temporary restraining orders bar eliminating services, 3 cases (W.D. Wash.), 982; CMS seeks information on nursing home per diem payments, 1407
– – Telemedicine for home health services, governor signs new law allowing reimbursement, 662
– – Temporary restraining order halts cut in pharmacy reimbursements for brand-name prescription drugs (W.D. Wash.), 467

– Methicillin-resistant Staphylococcus aureus infections, new law requires hospitals to report, 598
– Nursing home operators allegedly misrepresented level and quality of care, state consumer law claims dismissed (W.D. Wash.), 465
– Pharmacies required to fill all prescriptions including for emergency contraception, preliminary injunction barring enforcement vacated and reconsideration ordered (9th Cir.), 952; panel rehearing granted but en banc denied, 1481
– Physician sanctioned by medical board for ineffective use of biofeedback machine to diagnose allergies, expert testimony not needed (Wash.), 766
– PPOs, suit by subscribers seeking discount rates after exceeding annual benefit amounts cannot proceed without preferred providers, dismissed (W.D. Wash.), 800
– Res ipsa loquitur, malpractice claims against surgeon after scalpel blade left inside patient during knee surgery do not require expert testimony (Wash. Ct. App.), 1264
– Secure exchange of health care information, governor signs new law, 662
– Taxation, payments imaging service passed through to radiologists in another firm not taxable (Wash. Ct. App.), 1312
– 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
– Wrongful death claim by parent dependent on adult child's services upheld, order reversing jury award overturned (Wash.), 1262

WELLNESS CARE

See PREVENTIVE CARE

WEST VIRGINIA

– Medicaid-eligible children may sue managed care program (S.D.W. Va.), 699

WHEELCHAIRS

– Injury to unattended woman, claims reinstated, no expert testimony required (Ohio Ct. App.), 1411

WHISTLEBLOWERS

– Colo. law basis for suit filed by nurses alleging termination due to reporting unsafe conditions (D. Colo.), 968
– Economic stimulus law provision protects employees who expose violations, 246
– False claims

See generally FALSE CLAIMS

– Retaliation

See generally RETALIATION

WISCONSIN

– Damages cap applies to wrongful death claims where medical resident is “borrowed servant” (Wis.), 987
– Informed consent, state law requires physician to disclose all alternate treatments, claim for failure to disclose additional diagnostic tests allowed (Wis.), 1027
– Medicaid average wholesale drug prices

– – Amgen and Immunex settle allegations (Wis. Cir. Ct.), In Brief, 26
– – Pharmacia Corp., jury finds fraud and awards $9M to compensate state (Wis. Cir. Ct.), 247

– Medigap policy must pay hospital's standard rate after Medicare Part A benefits exhausted (Wis.), 667
– Osteopathic physician privileges delayed, hospital may be liable under state law (E.D. Wis.), 298
– Patient's right to refuse treatment does not justify battering emergency room personnel (Wis. Ct. App.), 774
– Suicide due to psychiatric unit negligence claim may be pursued under custodial care provisions, expert medical testimony not needed (Wis. Ct. App.), 735

WITNESSES AND TESTIMONY

– Experts

See EXPERT WITNESSES

WOMEN'S HEALTH

– Abortion

See ABORTION

– Gender as rating factor allowed under Cal. insurance law, suit seeks to end practice and proposed legislation would eliminate provision allowing women to be charged more for coverage (Cal. Super. Ct.), 160
– Gender reassignment surgery, state Medicaid agency's refusal to cover procedure not unconstitutional (W.D.N.Y.), 980
– OB/GYN services

– – Adverse impact on area due to loss of staff privileges alleged, dismissal of physician's antitrust and damages claims affirmed (5th Cir.), 935; rehearing denied and standard of proof issue clarified, 1179
– – Laproscopic surgery error, assumption of risk defense rejected but patient's knowledge can be shown based on understanding of risks from prior procedures (Ind.), 847
– – Pap smears allegedly misread over multiple years, statute of repose does not bar lawsuit (N.D. Ill.), 225
– – Sexual harassment claim basis for temporary agency's cancellation of physician's assignment, tortious interference with contract claim against hospital may proceed (D. Me.), 1091
– – Staff privileges suspension without notice by Univ. of Nev. hospital violated due process (D. Nev.), 564

– Pregnancy

See PREGNANCY AND CHILDBIRTH

– Pregnancy discrimination

See PREGNANCY DISCRIMINATION

WORKERS' COMPENSATION

– Ariz., independent medical examination physician liable for failure to diagnose spinal cord injury leading to prescription drug overdose (Ariz. Ct. App.), 567
– Cal., nonprofit insurance fund did not violate state antitrust law by use of BCBS to handle claims (Cal. App. Ct.), 1213
– Me., hospital may seek balance of charges from employer after Longshore Act liability has been satisfied (Me.), 1126
– Physician harmed by nerve block injections by medical colleague while both were on duty, claim not compensable (D.C.), 1263
– PPO contract, chiropractor may pursue claims alleging insurer failed to do anything to steer patients to her practice (S.D. Ill.), 403

WRONGFUL BIRTH

– Down syndrome, limit on post-majority economic damages denied (D. Md.), 1450
– Extraordinary costs of caring for disabled adult, parents' suit based on erroneous genetic counseling may proceed (Ill. App. Ct.), 568
– Genetic disorder, child may bring strict liability claim against sperm bank but negligence claims dismissed (E.D. Pa.), 504
– Healthy child, claim allowed after physician fails to terminate unwanted pregnancy (Colo. Ct. App.), 341

WRONGFUL DEATH

– Criminal acts

– – Physicians and others who provided psychiatric treatment to man who murdered his wife did not voluntary undertake a duty to protect her (Ill.), 1308
– – Psychiatrist not liable for deaths of people killed by patient who exhibited no violent tendencies (Cal. Ct. App.), 531

– Damages cap applies to claims where medical resident is “borrowed servant” (Wis.), 987
– Federal Nursing Home Reform Amendments may be enforced by private right of action under federal civil rights statute (3d Cir.), 895
– HIPAA does not bar nursing home from releasing deceased husband's medical records to widow who wishes to sue (Ga. Ct. App.), 252; surviving spouse entitled to husband's records (Ga.), 1499
– Kaiser Permanente agrees to pay five kidney transplant patients to settle allegations of substantial delays and inadequate care, 534
– Mo., Medicare entitled to reimbursement from insurance settlement (8th Cir.), 166
– Parents of deceased infant may pursue claims although mother did not list claims in bankruptcy and father's motion to substitute based on statute of limitations was erroneously denied (Tenn. Ct. App.), 848
– Statutes of repose

See STATUTES OF REPOSE

– Suicide due to psychiatric unit negligence claim may be pursued under custodial care provisions, expert medical testimony not needed (Wis. Ct. App.), 735
– Wash., claim by parent dependent on adult child's services upheld, order reversing jury award overturned (Wash.), 1262
– Workers' compensation, independent medical examination physician liable for failure to diagnose spinal cord injury leading to prescription drug overdose (Ariz. Ct. App.), 567

WRONGFUL DISCHARGE

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Disabled persons

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

– FMLA issues

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– National origin discrimination alleged

See NATIONAL ORIGIN DISCRIMINATION

– Racial discrimination alleged

See RACIAL OR ETHNIC DISCRIMINATION

– Religious discrimination alleged

See RELIGIOUS DISCRIMINATION

– Retaliation alleged

See generally RETALIATION

– Sex discrimination alleged

See SEX DISCRIMINATION

– Staff privileges

See generally STAFF PRIVILEGES

WYOMING

– Neurosurgeons resigned voluntarily, claims hospital forced them to leave dismissed (D. Wyo.), 637
– Staff privileges, dental surgeon's civil rights claims for denial of full medical staff membership properly rejected (10th Cir.), 372; (U.S., rev sought), 1087; (rev den), 1337