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SPECIALTY LAW - August, 2005 Health Care

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

MEDICAL ACTS, OMISSIONS AND PROCEDURES


caesarean operation -- neurologist's testimony on cause of infant's brain damage constituted "pure opinion testimony based upon clinical experience," which was not subject to Frye analysis. Gelsthorpe v. Weinstein (Fla.App. 2005), 897 So.2d 504

commitment -- court properly found that insanity acquittee should not be discharged where there was no mechanism to insure that he would continue to take his medication. State v. Corr (Conn.App. 2005), 867 A.2d 124

-- in-patient care was least-restrictive alternative for patient suffering from early-stage dementia. In re R.F. (N.D. 2005), 692 N.W.2d 905

-- mental patient properly ordered discharge where his mental illness did not cause him to pose substantial threat of physical harm to himself or others. Julio R. v. Seltzer (N.Y.App.Div. 2005), No. 2004-08159

-- patient who was stabilized on his medication was improperly committed to inpatient treatment. In re Butler (La.App. 2005), 895 So.2d 759

-- state failed to show future dangerousness -- involuntary commitment improper. In re Miller (Ore.App. 2005), No. A122328

-- T.C.A. Section 36-6-402 required that physician who committed patient to mental institution must first personally examine patient, rather than relying exclusively on medical records or someone else's examination of patient. Vickroy v. Pathways, Inc. (Tenn.App. 2004), No. W2003-02620-COA-R3-CV

-- trial court erred in finding that, because of her mental disorder, involuntary committee presented imminent threat of injury to herself or others. In re Mental Health of C.R.C. (Mont. 2004), 2004 MT 389

custodial care -- expert report required for claims that medical defendant had denied appropriate custodial or palliative care to premature newborn infant. Smalling v. Gardner (Tex.App. 2005), No.14-03-01079-CV

diagnosis -- action was untimely where it accrued on December 1, 2000, when defendants physician and hospital allegedly failed to diagnose stroke. Tobiassen v. Sawyer (Ala. 2004), No. 1030044

-- claims that medical defendants had misdiagnosed patient with breast cancer and had performed unnecessary bilateral mastectomy were untimely. Kermen v. Brower (N.Y.App.Div. 2005), 93 N.Y.S.2d 3

emergency care -- hospital could be liable for it's on-call surgeon's refusal to treat HIV patient. Fiske v. U.S. Health Corp. of Southern Ohio (Ohio App. 2005), No. 2005 -Ohio- 1295

examinations -- claims arising from sexual assault during medical examination were not subject to medical malpractice statute. Burke v. Snyder (Fla.App. 2005), No. 4D02-2838

-- physician who performed medical examination of child at request of department of children and families to determine whether reasonable cause exists to suspect child abuse, was entitled to immunity. Manifold v. Ragaglia (Conn. 2004), No. SC 17150

injections -- sufficient evidence supported finding that medical center had departed from accepted medical and nursing practice in administration of intra-muscular injection. Crockett v. Long Beach Med. Ctr. (N.Y.App.Div. 2005), No. 2003-04715

intra-muscular injections -- sufficient evidence supported finding that medical center had departed from accepted medical and nursing practice in administration of intra-muscular injection. Crockett v. Long Beach Med. Ctr. (N.Y.App.Div. 2005), No. 2003-04715

involuntary commitment -- T.C.A. Section 36-6-402 required that physician who committed patient to mental institution must first personally examine patient, rather than relying exclusively on medical records or someone else's examination of patient. Vickroy v. Pathways, Inc. (Tenn.App. 2004), No. W2003-02620-COA-R3-CV

-- trial court erred in finding that, because of her mental disorder, involuntary committee presented imminent threat of injury to herself or others. In re Mental Health of C.R.C. (Mont. 2004), 2004 MT 389

life support -- probate court exceeded its authority when it authorized removal of life support for infant. Bicknell v. Randolph (Okla.App. 2004), 105 P.3d 843

-- probate court exceeded its statutory authority when it appointed guardian with power to authorize withdrawal of all life-sustaining support and treatment for infant. In re Guardianship of Stein (Ohio 2004), 105 Ohio St.3d 30

mastectomy -- claims that medical defendants had misdiagnosed patient with breast cancer and had performed unnecessary bilateral mastectomy were untimely. Kermen v. Brower (N.Y.App.Div. 2005), 93 N.Y.S.2d 3

medication -- court properly found that insanity acquittee should not be discharged where there was no mechanism to insure that he would continue to take his medication. State v. Corr (Conn.App. 2005), 867 A.2d 124

-- expert testimony necessary to support claim that mental patient died from asphyxiation after administration of Navane because he was not properly monitored. Hyman v. East Jefferson Gen. Hosp. (La.App. 2005), No. 04-CA-1222

-- record contained ample evidence of existence of standing order that required nursing staff to administer preoperative antibiotics to patients being treated by operating group. Lloyd Noland Hosp. v. Durham (Ala. 2005), No. 1030422

monitoring -- expert testimony necessary to support claim that mental patient died from asphyxiation after administration of Navane because he was not properly monitored. Hyman v. East Jefferson Gen. Hosp. (La.App. 2005), No. 04-CA-1222

oral surgery -- failure to internist to show that he had subjective "good faith" belief that he was responding to emergency did not preclude application of "Good Samaritan" statutes. Reynoso v. Newman (Cal.App. 2005), No. D043271

suicide prevention -- anesthesiologist was not qualified as expert with respect to care and treatment of psychiatric patient who hung herself. Dodd v. Sparks Regional Med. Ctr. (Ark.App. 2005), No. CA 04-729

surgery -- failure to internist to show that he had subjective "good faith" belief that he was responding to emergency did not preclude application of "Good Samaritan" statutes. Reynoso v. Newman (Cal.App. 2005), No. D043271

-- record contained ample evidence of existence of standing order that required nursing staff to administer preoperative antibiotics to patients being treated by operating group. Lloyd Noland Hosp. v. Durham (Ala. 2005), No. 1030422

tooth extraction -- doctrine of res ipsa loquitur was not applicable to claim by dental patient whose jaw had been fractured during extraction of wisdom tooth. Howie v. Walsh (N.C.App. 2005), 609 S.E.2d 249



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