The Regan Report on Medical Law articles from July 1999

The Regan Report on Medical Law archives from July 1999

Should `Medical Incentive' Funds be Allowed?
July 1, 1999... DOES A PHYSICIAN HAVE A DUTY TO DISCLOSE THE FACT THAT A PATIENT'S HMO HAS CREATED AN INCENTIVE FOR HIM TO MINIMIZE DIAGNOSTIC TESTS AND REFERRALS TO SPECIALISTS? Does a breach of such a duty create a separate claim from medical negligence?...

What is The Meaning of `Stabilization' Under EMTALA?
July 1, 1999... CASE ON POINT: Cherukuri v. Shalala 175 F.3d 446 - KY (1999) ISSUE: One of the reasons the Emergency Medical Treatment and Active Labor Act (EMTALA) was passed was to prevent "patient dumping." In this case the court was faced with the...

PA: Pt. Sues for Bilateral Leg Amputations: Physicians Are Not `Guarantors' of Results.
July 1, 1999... CASE FACTS: Ronald Flora was first treated by Dr. George Moses for a diabetic foot infection in February of 1994. It was determined that the patient was suffering from peripheral vascular disease. Dr. George recommended periodic debridement and...

LA: Aneurysm Surgery Results in Paraplegia: Failure to Rebut Presumed Validity of Consent.
July 1, 1999... CASE FACTS: Mary Leger was referred to Dr. Edmund Nagem, Jr., a thoracic and cardiovascular surgeon, by her family physician for a thoracic aortic aneurysm in May of 1993. The patient, who was fifty-nine years old at the time, was a heavy...

`Failure to Inform Patients' is an Invitation to Sue.
July 1, 1999... CASE ON POINT: Ropsen v. Greifenberger, 513 S.E.2d 816 - VA (1999) ISSUE: Abandonment of a patient is one of the most egregious allegations which can be made against a physician. However, with common sense, candor and keeping patients...