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Newman v. Sathyavaglswaran cartoons image illustration picture

Newman v. Sathyavaglswaran

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forthcoming

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Jacobson v. Massachusetts cartoons image illustration picture

Jacobson v. Massachusetts

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forthcoming

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State Board of Registration for the Healing Arts v. McDonagh cartoons image illustration picture

State Board of Registration for the Healing Arts v. McDonagh

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forthcoming

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Fairfax Nursing Home, Inc. v. U.S. Dep't of Health & Human Services cartoons image illustration picture

Fairfax Nursing Home, Inc. v. U.S. Dep't of Health & Human Services

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forthcoming

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Campbell v. Delbridge cartoons image illustration picture

Campbell v. Delbridge

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forthcoming

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Perez v. Wyeth Laboratories Inc. cartoons image illustration picture

Perez v. Wyeth Laboratories Inc.

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forthcoming

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Hardi v. Mezzanotte cartoons image illustration picture

Hardi v. Mezzanotte

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forthcoming

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Doe v. Medlantic Health Care Group, Inc. cartoons image illustration picture

Doe v. Medlantic Health Care Group, Inc.

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forthcoming

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Simmons v. Tuomey Regional Medical Center cartoons image illustration picture

Simmons v. Tuomey Regional Medical Center

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forthcoming

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Johnson v. Hillcrest Health Center, Inc. cartoons image illustration picture

Johnson v. Hillcrest Health Center, Inc.

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forthcoming

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Douglass v. Salem Community Hospital cartoons image illustration picture

Douglass v. Salem Community Hospital

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forthcoming

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Williams v. United States cartoons image illustration picture

Williams v. United States

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Rush Prudential HMO, Inc. v. Moran cartoons image illustration picture

Rush Prudential HMO, Inc. v. Moran

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forthcoming

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DiFelice v. Aetna U.S. Health care cartoons image illustration picture

DiFelice v. Aetna U.S. Health care

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forthcoming

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Horvath v. Keystone Health Plan East cartoons image illustration picture

Horvath v. Keystone Health Plan East

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forthcoming

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Westside Mothers v. Haveman cartoons image illustration picture

Westside Mothers v. Haveman

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Mahan v. Avera St. Luke's cartoons image illustration picture

Mahan v. Avera St. Luke's

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forthcoming

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N.L.R.B. v. Kentucky River Community Care cartoons image illustration picture

N.L.R.B. v. Kentucky River Community Care

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forthcoming

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Manhattan Eye, Ear and Throat Hospital v. Spitzer cartoons image illustration picture

Manhattan Eye, Ear and Throat Hospital v. Spitzer

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forthcoming

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IHC Health Plans, Inc. v. Commissioner of Internal Revenue cartoons image illustration picture

IHC Health Plans, Inc. v. Commissioner of Internal Revenue

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IHC Health Plans, Inc. v. Commissioner of Internal Revenue cartoons image illustration picture

IHC Health Plans, Inc. v. Commissioner of Internal Revenue

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forthcoming

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United States ex rel. Mikes v. Straus cartoons image illustration picture

United States ex rel. Mikes v. Straus

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forthcoming

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Prato-Morrison v. Doe cartoons image illustration picture

Prato-Morrison v. Doe

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forthcoming

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Guardianship of J.D.S. cartoons image illustration picture

Guardianship of J.D.S.

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Greenberg v. Miami Children's Hospital Research Institute cartoons image illustration picture

Greenberg v. Miami Children's Hospital Research Institute

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forthcoming

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Conservatorship of Wendland cartoons image illustration picture

Conservatorship of Wendland

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forthcoming

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Guardianship of Schiavo cartoons image illustration picture

Guardianship of Schiavo

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forthcoming

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Miller v. HCA cartoons image illustration picture

Miller v. HCA

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forthcoming

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United States v. Oakland Cannabis Buyers' Cooperative cartoons image illustration picture

United States v. Oakland Cannabis Buyers' Cooperative

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forthcoming

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Grimes  v. Kennedy Krieger Institute, Inc. cartoons image illustration picture

Grimes v. Kennedy Krieger Institute, Inc.

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forthcoming

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Medical Evidence Establishing Standard Of Care cartoons image illustration picture

Medical Evidence Establishing Standard Of Care

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Berry v. Cardiology Consultants, P.A.; scientific evidence is relevant if it is probative of an issue in the case, such as the standard of care; Learned Treatise Rule; admissability of expert testimony

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No Duty to Provide Medical Treatment cartoons image illustration picture

No Duty to Provide Medical Treatment

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Esqueval v. Watters; a sonogram technician owes no legal duty to provide medical treatment, diagnosis, or advice because no duty exists outside the physician-patient relationship

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Doctor Negligence Possible Outside Physician Patient Relationship cartoons image illustration picture

Doctor Negligence Possible Outside Physician Patient Relationship

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Millard v. Corrado; physician duty of due care to a non-patient if the physician's allegedly negligent acts or omissions do not involve medical science, and public policy favors existence of a duty or harm is particularly foreseeable; negligence action

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Physicians Guarantees Create Common Law Liability for Breach of Warranty cartoons image illustration picture

Physicians Guarantees Create Common Law Liability for Breach of Warranty

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Mills v. Pate; a negligence action may not be recast as a contractual claim so as to avoid statutory requirements governing healthcare liability claims

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Unauthorized Disclosure of Patient Medical Records cartoons image illustration picture

Unauthorized Disclosure of Patient Medical Records

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Herman v. Kratche; honest mistake by healthcare provider is no defense to claim for unauthorized disclosure of confidential medical records if fiduciary relationship breached, causing patient damages. invasion of privacy; right of privacy

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HIPAA Requirements Establish Standard of Care cartoons image illustration picture

HIPAA Requirements Establish Standard of Care

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Acosta v. Byrum et al.; HIPAA compliance violations may give rise to civil liability for negligence although HIPAA confers no private right of action, but create SOC for a negligence claim; negligent infliction of emotional distress

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Algorithms Establishing General Physician Guidelines are Admissible cartoons image illustration picture

Algorithms Establishing General Physician Guidelines are Admissible

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Hinlicky v. Dreyfuss; hearsay evidence is admissible in negligence cases when used as demonstrative evidence to assist the jury in understanding the medical decision-making of a treating physician.

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Negligent Infliction of Emotional Distress cartoons image illustration picture

Negligent Infliction of Emotional Distress

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Strasel v. Seven Hills Ob-Gyn Assoc., Inc.; damages for her fear of birth defects in unborn child gives a cause of action for the negligent infliction of serious emotional distress if plaintiff-bystander reasonably appreciated the peril that took place.

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Off Label Use of Prescription Drugs cartoons image illustration picture

Off Label Use of Prescription Drugs

Description:
Richardson v. Miller; drug's labeling or PDR reference of approved uses admissable regarding whether the drug appropriate if introduced with other expert evidence on the standard of care; presented an unacceptable risk to the patient.

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Question of Fact for the Jury cartoons image illustration picture

Question of Fact for the Jury

Description:
Robins v. Garg; differing interpretations of undisputed facts suffice to create a question of fact for the jury to establish causation in a wrongful death action; but-for cause causation; malpractice; proximate cause

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Grimm v. Summit County Children Servs. Bd. cartoons image illustration picture

Grimm v. Summit County Children Servs. Bd.

Description:
violation of a statutory obligation to report child abuse constitutes negligence per se by hospital; vicariously liable for negligence of employees; negligence per se; respondeat superior; vicarious liability

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Respondeat Superior cartoons image illustration picture

Respondeat Superior

Description:
Scott v. SSM Healthcare St. Louis; hospitals deemed to "control" physicians even though they cannot dictate the treatment given to patients; independent contractor; agent; principal; vicarious liability

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Apparent Agency cartoons image illustration picture

Apparent Agency

Description:
Burless v. West Virginia University Hospitals, Inc.; hospital liable for physician's negligence if hospital acted or failed to act so reasonable person believed physician was an agent of hospital and patient relied on apparent agency; apparent agent

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Hospital Duty of Care to Patients cartoons image illustration picture

Hospital Duty of Care to Patients

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Carter v. Hucks-Folliss; a hospital should consider a doctor's board certification status when granting hospital privileges for physician conducting surgery

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Hospital Negligence for Giving Doctor Credentials cartoons image illustration picture

Hospital Negligence for Giving Doctor Credentials

Description:
Larson v. Wasemiller; hospitals may be liable for negligently giving credentials to physicians; a common-law cause of action for negligent credentialing does exist, and is not precluded by the peer-review statute

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Negligent Misrepresentation by Hospital Regarding Physician cartoons image illustration picture

Negligent Misrepresentation by Hospital Regarding Physician

Description:
Kadlec Med. Ctr. v. Lakeview Anesthesia Assoc.; hospitals may face liability for failing to disclose a former anesthesiologist's suspected drug abuse

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HMO Liability for Negligent Selection of Providers cartoons image illustration picture

HMO Liability for Negligent Selection of Providers

Description:
Pagarigan v. Aetna U.S. Healthcare of California, Inc.; an HMO that contracts out coverage decisions and the responsibility for patient care for capitation fee owes enrollees a duty of due care when choosing providers and in making contracts.

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HMO Doctor Compensation Contract cartoons image illustration picture

HMO Doctor Compensation Contract

Description:
Brannan v. Northwest Permanente, P.C.; an HMO physician's compensation history is irrelevant to a patient's negligence case; a defendant's motive for acting is irrelevant to whether he breached the standard of care in malpractice lawsuit.

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ERISA Preemption cartoons image illustration picture

ERISA Preemption

Description:
Retail Industry Leaders Association v. Fiedler; ERISA preempts state laws requiring employers to pay health insurance costs; or if directly regulates or effectively mandates some part of structure or administration of employers' ERISA plans

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ERISA Preempts All State Actions For Denial Of Benefits cartoons image illustration picture

ERISA Preempts All State Actions For Denial Of Benefits

Description:
Aetna Health, Inc. v. Davila; All actions brought for the denial of benefits by an ERISA-regulated benefit plan fall within the scope of, and are preempted by, ERISA.

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Administrative Discretion Under the Medicare Act cartoons image illustration picture

Administrative Discretion Under the Medicare Act

Description:
Bellevue Hospital Center v. Leavitt; when assessing the propriety of agency action or regulation, only if there is silence or ambiguity on an issue, the agency has discretion as to how it implements a statute

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Must Follow Federal Rules if Take Federal Benefits cartoons image illustration picture

Must Follow Federal Rules if Take Federal Benefits

Description:
Lankford v. Sherman; Medicaid is a voluntary federal-state program, so a state that elects to participate in the program is bound by the requirements of federal law and regulations

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Supervisory Employees under Union Labor Collective Bargaining Agreement cartoons image illustration picture

Supervisory Employees under Union Labor Collective Bargaining Agreement

Description:
Oakwood Healthcare, Inc.; supervisory employees use independent judgment in performing their jobs; National Labor Relations Act NLRA; National Labor Relations Board NLRB

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Selection of Hospitals cartoons image illustration picture

Selection of Hospitals

Description:
Federal Trade Commission v. Tenet Healthcare Corp.; a hospital merger did not deprive patients of practicable healthcare alternatives or choices

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Market Leverage from Merger cartoons image illustration picture

Market Leverage from Merger

Description:
In the Matter of Evanston Northwestern Healthcare Corp.; a hospital failed to establish non-merger justifications for price hikes; substantially inflating prices violates federal antitrust law; Clayton Act; divestiture

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Partial-Birth Abortion Ban Is Constitutional cartoons image illustration picture

Partial-Birth Abortion Ban Is Constitutional

Description:
Gonzales v. Carhart; law limiting abortions is valid if protecting health of woman and life of fetus without undue burden on woman's right to terminate pregnancy; facial challenge; late-term abortion; overbreadth doctrine; void for vagueness

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Sperm Donor Agreement Must Be in Writing cartoons image illustration picture

Sperm Donor Agreement Must Be in Writing

Description:
In the Interest of K.M.H.; requiring written agreements to establish sperm donor paternity does not violate equal protection or due process

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Child Endangerment Statute Does Not Protect Unborn Children cartoons image illustration picture

Child Endangerment Statute Does Not Protect Unborn Children

Description:
State v. Wade; in absence of specific legislative direction, illegal drug use by a pregnant mother does not constitute child endangerment

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