How to Avoid Being Burned as an Employer

I’ve spoken with several doctors over the past couple of months. All were dragged into litigation related to their role as an employer. They were being sued by ex-employees. The allegations varied – sexual harassment; improper termination; discrimination.   In 2011, the Equal Employment Opportunity commission (EEOC) received over 100,000 charges of employment discrimination. The … Read more

Not Your Everyday Informed Consent Issues

It’s no secret that availability of organs for transplantation in the US pales in comparison to demand. Many die each year waiting for an organ. The systems that oversee transplantation define rules which allow one to “wait in line.” You get an organ based on the seriousness of your condition, your place in line, and whether you can persuade a living donor to participate. (For a living donor, this assumes it’s a “non-vital” organ – eg: one of the donor’s two kidneys, liver, etc. Obviously a living donor cannot donate his heart.)

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Ebola and Quarantine / Isolation Laws. What is the Government Allowed to Do?

The Centers for Disease Control and Prevention (CDC) publishes a webpage which gives excellent summary information on government powers to enforce isolation and quarantine.

 

First, the definitions.

 

Isolation separates sick people with contagious disease from people who are not sick. Quarantine separates and restricts the movement of people exposed to contagious disease to determine if they become sick.

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First Ebola Death in US. Is the First Ebola Lawsuit Far Behind?

Thomas Duncan returned from Liberia and presented to Texas Health Presbyterian Hospital with fever and abdominal pain. He was released with symptomatic treatment and returned 3 days later. Sadly, he died of Ebola.

 

The family of the first Ebola victim in the U.S. will “probably” take legal action against the Dallas hospital, where he died this week, a spokesman for his fiancee stated.

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2,610 Hospitals Just Got Screwed by Medicare

Spare the rod and spoil the child.

 

Medicare fined 2,610 hospitals, a record, for too many re-admissions.

 

Interestingly, the national rate for readmissions is getting lower. Still, last year, 18% of Medicare patients were re-admitted within a month. Medicare believes these re-admissions costs them $26 billion; and that $17 billion comes from potentially avoidable readmissions.

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Loss of Consortium in Med-Mal Cases for Same-Sex Couples

In a typical medical malpractice case, the patient is the plaintiff, seeking a remedy for the injury caused by the doctor’s negligence.

 

There’s a second type of claim – loss of consortium. Many laypeople narrowly interpret “loss of consortium” as an injury experienced by the patient’s spouse in not being able to enagage in and enjoy sexual relations. But, “loss of consortium” is much broader. It applies to deprivation of benefits of a family relationship.

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