The sons of a woman who died after hip replacement surgery brought an action against the hospital and doctors. The post-operative order for decedent provided for morphine and Dilaudid as pain medication, but the form order left blank spaces for the doses and intervals for their administration, and did not provide whether the pain medications […]
Delegated Obligation: The Law Says E.R. Doctors Have To Treat Patients, And The Doctors Want To Get Paid.
The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMOs), the law imposes an obligation on the HMOs to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to […]
Surprise No Medical Records!!
Surgeons implanted a biliary stent in plaintiff during emergency abdominal surgery in 1996. Plaintiff alleges he was unaware it was there until August 2010 after he sought treatment for abdominal pain. In April 2011, plaintiff brought an action against the health care providers who treated him in 1996 and 1997. Defendants successfully demurred on statute of […]
Subpoenas Just What The Doctor Ordered.
A physician with board certification in addiction medicine reviewed prescriptions issued by a California doctor. As a result of that review, the medical board issued subpoenas to a doctor for medical records of ten patients. The doctor refused to comply, so the medical board petitioned the superior court to compel the doctor to comply. The superior […]
Will You Pick Up My Prescription For Me?
A jury convicted a criminal defendant of possession and transportation of morphine and other drugs. Defendant was arrested on the campus of U.C. Davis after he was stopped for a traffic violation and was unable to provide identification. In his pocket was a prescription bottle containing 208 pills. Another man, who has prostate cancer and other […]
Intentional Interference Or “Never Attempt To Win By Force What Can Be Won By Deception.” Niccolo Machiavelli.
A Japanese corporation developed a drug to treat pulmonary arterial hypertension [PAH]. The company entered an agreement/license with a California-based company to develop and commercialize its drug in North America and Europe. Meanwhile, a Swiss corporation acquired the California-based company. BTW, did I mention the Swiss company also markets a drug to treat PAH? Once it […]
National Childhood Vaccine Injury Act.
The National Childhood Vaccine Injury Act (42 U.S.C. §300aa-22(b)(1)) provides that vaccine manufacturers shall not be liable in a civil action for injury or death associated with the administration of the vaccine. In Bruesewitz v. Wyeth, LLC (U.S. Sup. Ct.; February 22, 2011) 131 S.Ct. 1068, [179 L.Ed.2d 1], the parents of a child allegedly disabled […]
Court Has Jurisdiction To Order Refund Of Overpaid Medical Lien.
After he obtained a partial settlement of a medical malpractice suit, plaintiff paid Medi-Cal $440,000 in “partial reimbursement” of its lien. After further settlements, the trial court ruled that plaintiff had overpaid Medi-Cal $250,000 but it also ruled it lacked jurisdiction to order a refund. The Court of Appeal disagreed. Under Welfare & Institutions Code section […]
Big Win On Damages Now Big Loss.
79-year-old resident of a nursing home fell nine times in five weeks, usually while getting out of bed to go to the bathroom. The last time, he had to undergo brain surgery for a subdural hematoma suffered as a result of hitting his head, and later suffered a stroke. He filed a complaint for elder abuse. On […]
Tragic Circumstances: Mandatory Duty.
Plaintiff brought an action against the State Department of State Hospitals and its administrators for breach of mandatory duty. Plaintiff’s sister was raped and murdered by a man who was paroled from state prison four days earlier. Plaintiff’s claim is that the perpetrator is a sexually violent predator within the meaning of Welfare and Institutions Code section […]
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