The Regan Report on Medical Law articles from June 1999

The Regan Report on Medical Law archives from June 1999

Conviction for Rebates on Referrals Upheld.
June 1, 1999... HOW OFTEN DOES ONE HEAR THAT A PHYSICIAN HAS BEEN ENTRAPPED? Fortunately, not often. In this California case a person, posing as a lawyer, allegedly "led" a physician into agreeing to a kickback of medical fees in return for future referrals....

Failure to Diagnose Cancer: Contributory Negligence Defense.
June 1, 1999... CASE ON POINT: King v. Clark 709 N.E.2d 1043 - IN (1999) ISSUE: One of the most effective defenses to a claim for medical malpractice is the contributory negligence of the patient, if any. If, in fact, there is contributory negligence on...

IL: Must Dr. Disclose HIV Positive Status?: Duty to Disclose Issue Remains Unresolved!
June 1, 1999... CASE FACTS: Plaintiffs Jane Doe (Jane) and her husband John Doe (John) filed an eighteen count complaint alleging that Jane had been exposed to the human immunodeficiency vires (HIV) during two gynecological surgeries by Dr. John Noe No. 2...

CT: Time Bar for Failure to Diagnose Cancer: Continuous Treatment Doctrine Not Applicable.
June 1, 1999... CASE FACTS: In September, 1983, Frank Witt was sent by his family physician to a surgeon, Dr. Vincent Donnelly, to perform a biopsy on an enlarged cervical lymph node. Dr. Donnelly excised the node on September 26, 1983, and sent the node to...

Surgical Pin Left in Pt.: No Expert Testimony Needed.
June 1, 1999... CASE ON POINT: Bauer v. White, 976 P.2d 664 - WA (1999) ISSUE: If a surgeon unintentionally leaves a foreign object in a patient must a patient introduce expert testimony of the applicable standard of care and the surgeon's negligence in...