Health Law Case Summaries

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Health Law Case Summaries
Spring 2010
Court of Appeals Affirms That Mental Hygiene Legal Services Does Not Have Jurisdiction Over Nursing Home Residents With Mental Disabilities Federal District Court Denies Parents' Motion for Preliminary Injunction to Compel School to Register Unvaccinated Child False Claims Act Suit Based on Allegations of Care Provided by Unsupervised Medical Residents Dismissed for Failure to Plead That Claims for Payment Were Submitted to the Government Excluded Medicaid Provider Properly Terminated Under Employment Agreement with Hospital Where Services May Have Violated Medicaid Regulations Appellate Division Holds That a Voluntary Attending Physician Not Employed by a Hospital Cannot Recover for Alleged Retaliation Under New York Labor Law § 741 Appellate Division Affirms Dismissal of Nurse's Whistleblower Retaliation Claim Against Hospital Under New York Labor Law § 741, for Failure to Cite a Law, Rule or Regulation That She in Good Faith Believed Had Been Violated Removal of Physician from Participation in Workers' Compensation System Based on Physician's Failure to Maintain Accurate Records Annulled as Arbitrary and Capricious Limited Liability Companies May Be Convicted of Crimes Committed by Their Employees Appellate Division Holds That Hospital Had Rational Basis for Suspension of Physician's Clinical Privileges Pursuant to Public Health Law § 2801-c
Fall 2009
In 4-3 Decision, Court of Appeals Rules That an Independent Medical Examination Creates a "Limited" Physician-Patient Relationship Such That Allegations of Negligence in the Performance of an IME Is Subject to the 2-1/2 Year Statute of Limitations for Medical Malpractice Second Circuit Court of Appeals Holds That Whether Medical Residents Are Exempt from FICA Taxes is a Question of Fact, Not Law Court Holds that Limited Non-Medical Information Contained in Medical Record Is Not Privileged Under Statutory Physician-Patient Privilege and HIPAA OPMC Has Authority to Subpoena Confidential HIV-Related Patient Information for Use in Misconduct Investigation; However, Such Disclosure Must be Limited to That Which Is Necessary for the OPMC's Investigation and Patients Whose Records Are to Be Produced May Submit Objections to the Court and Request Appropriate Redactions Appellate Division Rules that Parents, as Administrators of Their Son's Estate, Have No Right to Son's Sperm Physician's Suit Against U.S. Federation of State Medical Boards for Reporting the Suspension of His Medical License in Britain Dismissed for Lack of Jurisdiction and Failure to State a Claim Fourth Department Appellate Division Holds That a Plaintiff Who Sues a Nursing Home Based on Traditional Tort Causes of Action May Also Assert a Claim Under Public Health Law Section 2801-d Court Denies Claim for "Wrongful Living" Where Hospital Twice Violated Do-Not-Resuscitate Orders Court Holds That Documents Prepared by OPMC During its Investigation Are Not Subject to Disclosure Under Public Health Law Section 230 in the Absence of Any Applicable Exceptions Medicaid IG's Perfunctory Refusal to Reinstate Physician Is Arbitrary and Capricious Appellate Division Affirms Medical License Revocation for Fraudulent Billing, Holding That Physicians Are Ultimately Responsible for the Accuracy of Their Bills
Winter 2009
Appellate Division Prohibits District Attorney from Prosecuting Nurses for Their Simultaneous Resignations from Nursing Home, and Their Attorney for Advising Nurses That Resignations Were Legal Second Circuit Court of Appeals Rules That Hospital Is Joint Employer of Nurse Employed by Staffing Agency and Is therefore Liable for Overtime Pay, Liquidated Damages and Attorneys Fees Under the Fair Labor Standards Act Second Circuit Court of Appeals Rules That Hospital Is Joint Employer of Nurse Employed by Staffing Agency and Is Therefore Liable for Overtime Pay, Liquidated Damages and Attorneys Fees Under the Fair Labor Standards Act A Medical College's Submission of Negative Evaluation of Anesthesiology Resident to American Board of Anesthesiologists Was Not Defamatory or in Breach of Contract; Alleged Agreement to Provide Neutral Reference in Exchange for Resignation Against Public Policy Employment Policy Requiring Hospital Employees to Speak English in Certain Situations While on Duty Does Not Violate Federal or State Anti-Discrimination Laws National Childhood Vaccine Injury Act (NCVIA) Defense Brings Dismissal of Medical Malpractice Action District Court Dismisses Equal Protection Challenge to Kendra's Law, but Declines to Dismiss Americans with Disabilities Act Claim Decedents' Niece Lacks Standing to Sue Hospital and Its Board of Trustees for Their Alleged Failure to Use Testamentary Bequests in the Manner Specified by Decedents' Wills Court Holds That Religious Exemption to Immunization Requirements Is Applicable When Failure to Vaccinate Is Genuine, Sincere, and Rooted in Religious Beliefs Records Taken by Physician in Examination and Treatment of Patient Are Property of Physician
Fall 2008
The New York Court of Appeals Rules that Filing a Claim Under New York's Whistleblower Law Does Not Bar a Simultaneous or Subsequent Claim Under New York's Health Care Whistleblower Law, and to Bring a Claim Under the Latter, an Employee Must Be Qualified to, and Actually Is Required to, Make Quality-of-Patient-Care Determinations Southern District Dismisses Antitrust Suit Against Cardiothoracic Surgeons and Westchester County Medical Center Based on Immunity from Antitrust Liability Under the State Action Doctrine Southern District Dismisses False Claims Act Allegations That HIP Fraudulently Altered Data in Order to Obtain Accreditation Needed to Maintain a Contract with the U.S. Government Insurer's Failure to Advise an Insured of the Right to Independent Counsel Under Goldfarb Held a Deceptive Business Practice Under New York GBL 349(a) Appellate Division Rules That a Physician Who Performs a Statutory Medical Examination Does Not Have a Physician-Patient Relationship with the Person Examined Court Holds That Defendants Cannot Apportion Liability to Non-Party Physician Father of Medical Malpractice Plaintiff Based Solely on Ordinary Parental Care Given to Offspring Court Holds That Doctor's Statements in IME Reports Are Protected by Absolute Privilege Appellate Court Affirms Ruling That Nurse's Examination of Injured Child Falls Within the Good Samaritan Law Shielding Nurse from Liability Southern District Upholds DOH's Regulation Prohibiting Medicaid Reimbursement for Treatments of Gender Identity Disorder
Spring 2008
Medical Provider Owes No Duty to Warn Non-Patient of Risk of Contracting Illness from Patient Under Provider's Care Seizure of Blood Sample and Disclosure of Blood Alcohol Test at Trial Do Not Violate Physician-Patient Privilege Court of Appeals Limits Brown v. New York City Health and Hospitals Corp. to Its Specific Facts and Holds Damages for Claims of Negligent Infliction of Emotional Distress Due to HIV Exposure Are Not Limited to the Six-Month Period Following Exposure In Case of First Impression, Supreme Court, Queens County, Holds Plaintiff Can Assert Fraud Claim Against Unlicensed "Imposter" Dentist Issues of Fact Preclude Summary Judgment Regarding Existence of Physician-Patient and Hospital-Patient Relationships in Malpractice Suit by Participant in Research Study Hospital Cannot Involuntarily Administer Psychotropic Medications to Minor Over Parents' Objection After Hearing to Which Parents Were Not a Party Court Dismisses Breach of Contact, Defamation and Tortious Interference Claims Brought by Medical Resident Against Hospital Physician Breached Duty of Loyalty to His Hospital Employer as a Matter of Law Administrative Review Board Can Impose a Greater Penalty Than OPMC Hearing Committee and Revoke PA's License in Light of 10-Year History of Alcohol Abuse
Winter 2008
Children Conceived After Their Biological Father's Death Are Legally Included in Grantor's Trust as "Issue" and "Descendants" Supreme Court Holds That Emails Sent to a Personal Attorney Using an Employer's Email Address Are Not Privileged Under a Four-Part Test Southern District Dismisses Physician's Whistle-Blower Claims but Sustains Retaliation Claim Second Circuit Finds That SUNY Stony Brook Physicians/Professors Cannot Bring Suit Against SUNY Stony Brook, Its Clinical Practice Management Plan or Its Union in Federal Court Federal Court Dismisses Physician's Discrimination Claims Against Other Doctors, but Allows Antitrust Claims to Stand Appellate Division Affirms Reversal of Jury Verdict Finding Hospital Liable for Negligent Re-Credentialing of Surgeon Court Upholds Revocation of Orthopedic Surgeon's License for False Statements and Omissions on Hospital Medical Staff Applications Federal Court in New York Accepts a New Theory of Discrimination Under New York Executive Law in Class Action Suit by Former Patients of a Psychiatric Treatment Facility Supreme Court Confirms That Under New York Law, a Physician Cannot Maintain a Cause of Action for Damages for the Alleged Wrongful Denial of Clinical Privileges Appellate Division Rules That Commissioners of Health Must Refund Capital Value Fee Paid for the Proposed Construction of a Nursing Home
Summer 2007
Motion Court Upholds Constitutionality of the Berger Commission's Enabling Legislation Under the Separation of Powers Doctrine Appellate Division Upholds Dismissal of Hospital's Constitutional Challenge to Berger Commission's Closure Recommendation Intended Organ Donee Has No Claim to Organ Without Evidence that Organ Will Be Compatible Physician Not Civilly Liable for Failure to Report Suspected Abuse of Child by Minor Brother Since Conduct Was Not Knowing and Willful Federal Court Grants Summary Judgment Dismissal of Deaf Plaintiff's ADA Suit Against Hospital for Alleged Failure to Provide Sign Language Interpreting Services Appellate Division Upholds Term in Physician's Employment Contract That Requires Surrender of Medical Staff Privileges Upon Termination of Employment with Hospital-Based Group Court Affirms Dismissal of Claims for Termination of Hospital Privileges, Breach of Employment Agreement, Breach of the Implied Covenant of Good Faith and Fair Dealing, and Tortious Interference with Contract and Prospective Business Relations Physician's Suit Over Loss of Hospital Privileges Dismissed for Failure to Pursue Administrative Remedy with Public Health Council Hospital-Wide Layoffs Constitute a Legitimate and Nondiscriminatory Basis for Terminating Assistant Vice President of Nursing Court Upholds Revocation of Physician's License for Gross Incompetence, Negligence, Creation of a False Report, Failure to Maintain Accurate Medical Records, and the Fraudulent Practice of Medicine
Winter 2007
Court of Appeals Affirms Dismissal of Suit Challenging Constitutionality of Women's Health and Wellness Act Court Dismisses Hospital's Article 78 Suit That Alleged Berger Commission Violated Open Meetings Law Court Dismisses Hospital's Constitutional Challenge to Law That Created the Berger Commission Court Holds That Labor Management Relations Act Provides No Jurisdiction for Suit by SUNY Physician Faculty Members Who Claim That the Clinical Portion of Their Compensation Was Set Too Low Cardiologist's Antitrust Action Survives Motion to Dismiss Court Vacates Temporary Restraining Order and Denies Injunctive Relief in Physician's Suit Challenging Nonrenewal of Participating Provider Agreement Court Denies Hospital's Motion for a Protective Order and Grants Plaintiff's Motion to Compel Disclosure of Medical and Hospital Records Court Upholds Surrogate's Court Procedure Act 1750 Against Attack Based on Constitutional Grounds of Equal Protection, Due Process and Vagueness Court Allows DOH to Recover Actual Costs of Clinical Lab Inspection Program, Pursuant to Public Health Law § 576, Despite Non-Compliance With Record-Keeping and Improper Inclusion of Unrelated Costs Physician's False Entry in Medical Record That Complete Patient Examination Had Been Performed Constitutes Fraudulent Practice of Medicine, Suspension of License Upheld Allegedly Defamatory Statements Made in Independent Medical Exam Report Protected by Absolute Immunity High Court Orders Disclosure Pursuant to Mental Hygiene Law
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