Physicians often have a legal obligation to report conduct which they believe may constitute negligence, or demonstrate an individual’s inability to practice medicine competently, safely, or within the bounds of the relevant code of medical ethics. Because of the nature of the information required to be reported, it is not unusual for the physician (or
Hospital Granted Summary Judgment on Surgeon’s Discrimination Claims
The hospital did not discriminate against a 73-year-old surgeon on the basis of his age or perceived disability or breach his contract when it required him to undergo neuropsychological and physical exams and have a proctor when conducting lower bowel surgeries following the death of one of his patients, a federal district court has found,…
NPDB Guidebook Update: Does Your Institution Know What’s Reportable?
Title IV of the Health Care Quality Improvement Act of 1986 (HCQIA), created the National Practitioner Data Bank (NPDB). The NPDB is a national clearinghouse and repository of information on medical malpractice payments and adverse actions taken against licensed healthcare providers. Hospitals and health systems with formal peer review are among the entities required to…
Is Your Institution Doing Enough to Reduce Disruptive Physician Behavior?
Disruptive physicians are staple characters on television shows about the medical field. Some of the most recent T.V. doctors of this vein that come to mind are Dr. Gregory House of House and Dr. Perry Cox of Scrubs. While Dr. House and Dr. Cox present entertaining caricatures of disruptive physician behavior (“DPB”), in “real life”…
New Connecticut Statute Restricts Physician Non-Compete Agreements
On June 2, 2016, Connecticut Governor Dannel Malloy signed Public Act 16-95, establishing significant new restrictions on physician non-compete agreements in Connecticut.
Under the statute, an existing physician covenant not to compete is valid and enforceable only if it is:
- necessary to protect a legitimate business interest;
- reasonably limited in time, geographic scope, and practice
Hospital Had No Duty to Future Patients of Formerly Employed Physician Practicing at Unrelated Hospital, Massachusetts Court Holds
A hospital owed no duty of care to future patients of a physician who had left its employ and resumed practicing medicine with another employer, the Massachusetts Supreme Judicial Court has ruled. Robert Roe, et al. v. Children’s Hospital Medical Center, SJC-11533 (Mass. Oct. 1, 2014).
From 1966 until 1985, Melvin Levine, a…
Physician Whose Clinical Privileges Were Revoked Can Proceed With Hostile Work Environment Claim, Court Finds, But Dismisses Antitrust Claim
A physician may proceed with her hostile work environment claims after a hospital revoked her clinical privileges, but may not continue with her antitrust claims because she failed to plead an antitrust injury, a federal district court ruled. Levitin and Chicago Surgical Clinic, Ltd v. Northwest Community Hospital, et al., No. 13 C 5553…
Healthcare Employer’s Termination Letter Provides Basis For Court to Allow Discovery of Patient Contact Information
The following post from our colleagues at the Jackson Lewis P.C. Workplace Privacy, Data Management & Security Report may be of particular interest to healthcare employers. Click here to be transferred directly to the link.
EMTALA Does Not Prohibit Discontinuing Physician’s Services After Complaining About Overcrowded Emergency Room
A hospital lawfully discontinued the services of a physician who complained about overcrowded emergency room conditions, a federal appeals court found in Genova v. Banner Health; et al., No. 12-1314 (10th Cir. August 20, 2013), rejecting the physician’s claims that the hospital and its administrator violated the federal Emergency Medical Treatment and Active Labor Act (“EMTALA”) and Colorado state law by discontinuing his services.
Continue Reading EMTALA Does Not Prohibit Discontinuing Physician’s Services After Complaining About Overcrowded Emergency Room
New Rule on Physician Supervision Requirements
Responding to healthcare providers’ concerns about the need for more flexibility in the direct supervision of hospital outpatient services, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to update policies concerning physician supervision requirements for hospital outpatient services. The 2011 Outpatient Prospective Payment System (OPPS) Final Rule became effective January 1…