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SPECIALTY LAW - xxx, 2005 Health Care

Cases summarized in the xxx, 2005 issue of
Specialty Law Digest: Health Care.

MEDICAL ACTS, OMISSIONS AND PROCEDURES


anesthesia -- hospital had duty, when faced with cardiac arrest for no apparent reason, to identify and sequester anesthesia equipment until it investigated and determined whether equipment was factor in cardiac arrest and oxygen deprivation. Banks v. Sunrise Hosp. (Nev. 2004), No. 38801

aspiration -- doctrine not applicable to wrongful death medical malpractice action alleging that delay in aspirating plaintiff's decedent decreased his chance of survival. Contois v. Town of West Warwick (R.I. 2004), 865 A.2d 1019

battery -- physician could not be liable for battery because he did not intentionally violate condition on consent while treating infant plaintiff. Piedra v. Dugan (Cal.App. 2004), 21 Cal.Rptr.3d 36

Caesarian section -- physician's decision to take no affirmative action may have amounted to violation of professional standard of care, but he was not obliged to obtain his patient's consent to his non- action. Arrabal v. Crew-Taylor (Md.App. 2004), 862 A.2d 431

commitment -- circuit court did not have authority to adjudicate matters involving patient's involuntary commitment because that court's jurisdiction over involuntary commitment ended 180 days after commitment order was entered. Inova Health System v. Grandis (Va. 2004), 603 S.E.2d 876

-- district court's decision affirming Bonner County Commissioners' decision to deny indigent assistance for services rendered to voluntarily admitted indigent patient would be reversed. Kootenai Med. Ctr. v. Bonner County Comm'rs (Idaho 2004), 105 P.3d 667

-- Maine Supreme Court was without jurisdiction to consider petitioner's appeal of judgment authorizing his involuntary hospitalization for up to four months. In re Walter (Me. 2004), 863 A.2d 276

-- petitioner posed substantial threat of physical harm to himself and others if his release from care and control of facility was permitted at this time. Luis A. v. Pilgrim Psychiatric Ctr. (N.Y.App.Div. 2004), No. 2004-04404

-- State failed to prove by clear and convincing evidence that prisoner's delusion posed real and present threat of substantial harm to his well-being or to safety of others as required by Corrections Mental Health Act for involuntary commitment. E. F. v. State (Fla.App. 2004), 889 So.2d 135

consent -- Health Care Surrogate Act did not impose duty on health care provider, such as hospital in this case, to inquire into availability of surrogate decisionmaker until after attending physician has made written determination under Act that patient lacked decisional capacity. Collins v. Lake Forest Hosp. (Ill. 2004), 821 N.E.2d 316

-- plaintiff did not condition his consent to injection on use of anesthetics and no other substance. Fernandez v. Ohio State Pain Control Ctr. (Ohio App. 2004), 2004 -Ohio- 6713

diagnosis -- defendants made prima facie showing of entitlement to judgment as matter of law by demonstrating that no evidence of subdural hematoma existed during plaintiff's office visits and that they did not deviate from acceptable medical practice. Viola v. City of New York (N.Y.App.Div. 2004), No. 2003-07056

-- podiatrist did not establish absence of issue of fact for jury to determine whether he committed malpractice in his treatment of patient. Sidlow v. Lewis (Ga.App. 2004), 608 S.E.2d 703

echocardiograms -- physician could not be liable for battery because he did not intentionally violate condition on consent while treating infant plaintiff. Piedra v. Dugan (Cal.App. 2004), 21 Cal.Rptr.3d 36

emergency treatment -- issue, whether insurer's alleged "systematic practice" of rejecting emergency claims based on final diagnosis violated MCL 550.1402, was not common question of fact and law meeting requirements of MCR 3.501(A)(1)(b). Tinman v. Blue Cross & Blue Shield of Michigan (Mich.App. 2004), 692 N.W.2d 58

gastric bypass -- because defendant surgeon's direct testimony did not address any standard of care issue relating to his treatment of plaintiff's decedent, gastric by-pass patient, circuit court did not abuse its discretion in refusing to permit cross-examination on that subject. Smith v. Irving (Va. 2004), 604 S.E.2d 62

injections -- plaintiff did not condition his consent to injection on use of anesthetics and no other substance. Fernandez v. Ohio State Pain Control Ctr. (Ohio App. 2004), 2004 -Ohio- 6713

involuntary commitment -- circuit court did not have authority to adjudicate matters involving patient's involuntary commitment because that court's jurisdiction over involuntary commitment ended 180 days after commitment order was entered. Inova Health System v. Grandis (Va. 2004), 603 S.E.2d 876

-- Maine Supreme Court was without jurisdiction to consider petitioner's appeal of judgment authorizing his involuntary hospitalization for up to four months. In re Walter (Me. 2004), 863 A.2d 276

-- petitioner posed substantial threat of physical harm to himself and others if his release from care and control of facility was permitted at this time. Luis A. v. Pilgrim Psychiatric Ctr. (N.Y.App.Div. 2004), No. 2004-04404

-- State failed to prove by clear and convincing evidence that prisoner's delusion posed real and present threat of substantial harm to his well-being or to safety of others as required by Corrections Mental Health Act for involuntary commitment. E. F. v. State (Fla.App. 2004), 889 So.2d 135

Ishihara Tests -- one-year medical license suspension upheld where physician inappropriately aided patient on Ishihara Test and crossed out nurse's recording showing patient failed test. Huff v. North Dakota State Bd. of Med. Examiners-Investigative Panel B (N.D. 2004), 690 N.W.2d 221

medication -- physician could not be liable for battery because he did not intentionally violate condition on consent while treating infant plaintiff. Piedra v. Dugan (Cal.App. 2004), 21 Cal.Rptr.3d 36

physical therapy -- insurer complied with No Fault regulations by quickly responding to physical therapy provider's claim in form of verification request. Psych. & Massage Therapy Assoc. PLLC v. Progressive Cas, Ins. Co. (N.Y.Cty.Ct. 2004), 789 N.Y.S.2d 661

surgery -- error to instruct jury of per se liability on part of physician for failure to remove foreign object from patient's body. Houserman v. Garrett (Ala. 2004), No. 1030587

-- hospital had duty, when faced with cardiac arrest for no apparent reason, to identify and sequester anesthesia equipment until it investigated and determined whether equipment was factor in cardiac arrest and oxygen deprivation. Banks v. Sunrise Hosp. (Nev. 2004), No. 38801

tests -- physician could not be liable for battery because he did not intentionally violate condition on consent while treating infant plaintiff. Piedra v. Dugan (Cal.App. 2004), 21 Cal.Rptr.3d 36

trigger-point injections -- plaintiff did not condition his consent to injection on use of anesthetics and no other substance. Fernandez v. Ohio State Pain Control Ctr. (Ohio App. 2004), 2004 -Ohio- 6713

voluntary commitment -- district court's decision affirming Bonner County Commissioners' decision to deny indigent assistance for services rendered to voluntarily admitted indigent patient would be reversed. Kootenai Med. Ctr. v. Bonner County Comm'rs (Idaho 2004), 105 P.3d 667



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