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Newman v. Sathyavaglswaran
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Jacobson v. Massachusetts
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State Board of Registration for the Healing Arts v. McDonagh
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Fairfax Nursing Home, Inc. v. U.S. Dep't of Health & Human Services
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Campbell v. Delbridge
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Perez v. Wyeth Laboratories Inc.
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Hardi v. Mezzanotte
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Doe v. Medlantic Health Care Group, Inc.
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Simmons v. Tuomey Regional Medical Center
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Johnson v. Hillcrest Health Center, Inc.
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Douglass v. Salem Community Hospital
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Williams v. United States
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Rush Prudential HMO, Inc. v. Moran
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DiFelice v. Aetna U.S. Health care
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Horvath v. Keystone Health Plan East
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Westside Mothers v. Haveman
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Mahan v. Avera St. Luke's
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N.L.R.B. v. Kentucky River Community Care
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Manhattan Eye, Ear and Throat Hospital v. Spitzer
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IHC Health Plans, Inc. v. Commissioner of Internal Revenue
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IHC Health Plans, Inc. v. Commissioner of Internal Revenue
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United States ex rel. Mikes v. Straus
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Prato-Morrison v. Doe
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Guardianship of J.D.S.
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Greenberg v. Miami Children's Hospital Research Institute
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Conservatorship of Wendland
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Guardianship of Schiavo
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Miller v. HCA
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United States v. Oakland Cannabis Buyers' Cooperative
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Grimes v. Kennedy Krieger Institute, Inc.
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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
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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
Description:
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
Description:
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
Description:
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
Description:
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
Description:
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
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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
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
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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.
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
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
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
Description:
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
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
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
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
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
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
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
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
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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
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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
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
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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
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
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
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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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