California Lawyers Association

Business Law Health Law Committee

Updates from the BLS Health Law Committee

Dr. Peter Redko designated Dr. Thomas Chang as his standard of care expert witness in a disciplinary proceeding before the Podiatric Medical Board. Read more
Medical staff credentialing recommendations cannot support a physician’s action against a hospital, a separate legal entity. Read more
The Patient Protection and Affordable Care Act (ACA) requires employers to provide women with “preventive care and screenings” without cost sharing, and requires the Heath Resources and Services Administration (HRSA) to issue comprehensive guidelines defining such services. These requirements have been the subject of continuous litigation. Read more
Keith Burchell consented to undergo a surgical procedure to remove a mass in his scrotum for testing. During the surgery, Dr. Gary Barker discovered the mass was much larger than expected. Believing the mass was malignant, Dr. Barker decided to remove it entirely. Dr. Barker did not first consult Burchell (who was under general anesthesia) or Burchell’s medical proxy (who was present but unknown to Dr. Barker) before performing the more extensive surgery. Burchell suffered serious side effects from this surgery. Read more
“Virtual Presence” by Real-Time Livestreaming Satisfies the Contemporaneous Presence Requirement for a Bystander NIED Claim Read more
Unlicensed companies may manage licensed skilled nursing facilities via an approved management agreement. Read more
Physician is not liable for treatment recommendation unless no reasonable physician would recommend it or it was based on a misdiagnosis. Read more
Physician may face a negligent misrepresentation claim for steering a patient away from a procedure by falsely stating it won’t be covered by insurance. Read more
Privacy rights mostly foreclose litigation discovery of non-party health care professionals’ administrative records and other non-public records maintained by State agencies. Read more
Saint Francis Memorial Hospital was fined $50,000 by the California Department of Public Health. The Department served Saint Francis with the final decision on December 16, 2015, which stated that it “shall be effective immediately.” Read more

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