The Regan Report on Medical Law articles from June 1998

The Regan Report on Medical Law archives from June 1998

Physicians Cannot Be Sued Under EMTALA.(Emergency Medical Treatment and Active Labor Act)
June 1, 1998... CAN PHYSICIANS BE SUED UNDER THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA)? Congress enacted EMTALA-or the Anti-Dumping Act as it is otherwise commonly known-with a clear and specific purpose in mind: To allay any concerns...

4.6 Million Dollar Verdict: Patient Not Contributorily Negligent.
June 1, 1998... CASE ON POINT: Hawkins v. Pathology Associates 498 S.E.2d 395 (1998) ISSUE: At one time in many, if not in most states, "Contributory Negligence" was an absolute bar to a Plaintiffs recovery. Now, Courts have generally adopted the Doctrine...

IN: Insurer Balks At Post Judgement Interest: Insurer Held Liable For Interest and Costs.(Indiana)
June 1, 1998... CASE FACTS: On April 4, 1996, Helen Poehlman received a judgement in the amount of $345,263 plus costs against Dr. Martin Feferman for medical malpractice. At that time Dr. Feferman was insured for medical malpractice by Physicians Insurance...

MD: Certificate of Merit Required Before Suit: Extension of Time to File COM Discretionary.(Maryland)
June 1, 1998... CASE FACTS: Karen Larson, as personal representative of the estate of Derek Gearhart, filed suit for medical malpractice against Peninsula Regional Medical Center and other Defendants. The Defendants filed a motion to dismiss on the grounds...

Voluntary License Surrender Not Grounds for Revocation.(physician surrenders license in one state, fights revocation in another)
June 1, 1998... CASE ON POINT: Urella v. State Medical ISSUE: With today's mobile population it is not unusual for physicians to be licensed in more than one state. Physicians are commonly licensed in two, three or more states. In this unusual Ohio case...