The Regan Report on Medical Law articles from December 1998

The Regan Report on Medical Law archives from December 1998

HCQIA Does Not Allow Suit v. Peer Reviewers.
December 1, 1998... DOES THE HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA) PERMIT A PHYSICIAN TO BRING SUIT AGAINST PEER REVIEWERS? That was the issue with which a federal court in Illinois was confronted in this interesting case. HARRIET HELD IS A LICENSED...

Comparative Negligence by Nonparties Insufficient.
December 1, 1998... CASE ON POINT: Jaramillo v. Kellogg, 966 P.2d 792 - NM (1998) ISSUE: One of the defenses which physicians have when sued for medical malpractice is the defense of contributory and or comparative negligence. In most instances contributory...

GA: Failure to Diagnose Down's Syndrome: Refusal to Recognize Claim for Wrongful Birth.
December 1, 1998... CASE FACTS: The parents of a child born with Down's syndrome brought suit for medical malpractice against the attending obstetrician for failure to determine that the child was suffering from Down's syndrome during the mother's pregnancy. The...

MD: Atty. Allows Voluntary License Surrender: Physician Sues Atty. for Legal Malpractice.
December 1, 1998... CASE FACTS: In the fall of 1992, Dr. Jeffrey Briggs was a member of a successful OB/GYN practice in Annapolis. On September 13, 1992, a former patient filed a complaint against Dr. Briggs with the Maryland Board of Physician Quality Assurance...

No Peer Review Privilege for Doctor's Written Statements.
December 1, 1998... CASE ON POINT: Romero v. Cohen, 679 N.Y.S.2d 264 - NY (1998) ISSUE: Ordinarily the peer review privilege is almost sacred. However, there are exceptions. In this unusual New York case the mother of a deceased infant attempted to obtain a...