Articles and Blogs

On May 3, 2012, the Indiana Supreme Court heard oral arguments in the case of Plank vs. Community Hospital challenging the constitutionality of the medical malpractice damages cap. Plank was represented by Robert S. Peck of the Center for Constitutional Litigation PC and John Muller of Montross, Miller, Muller, Mendelson & Kennedy at the... READ MORE

The Indiana Supreme Court heard argument on May 10, 2012, from two uninsured patients that claimed a non-profit hospital overbilled them. Specifically, they claimed the Hospital charged them more than insured patients for the same treatment. Both patients acknowledged signing contracts for payment in which they agreed to pay the Hospital’s bill if the... READ MORE

After nearly three years of difficult litigation, the matter of Equity Industrial Partners (Needham, MA) vs. 7900 Rockville, LLC (Indianapolis, IN) was successfully completed with full satisfaction of Equity’s judgment against 7900, first entered in October, 2009. The case involved payment of real estate taxes following the $15 million purchase by Equity of the... READ MORE

A federal magistrate in a case alleging discrimination denied a hospital’s motion for a protective order preventing the discovery of peer review and credentialing files. In Awwad v. Largo Medical Center Inc., (M.D. Fla., No. 8:11-CV-1638, 4/12/12), a Florida physician, Awwad, claims the employing hospital revoked his medical staff privileges due to racial animus.... READ MORE

The Federal Court in the Southern District of Ohio dismissed a debtor’s claim against Reid Hospital, in Richmond, Indiana, and one of its employees, under the Fair Debt Collections Practices Act (“FDCPA”). The Court found that the Hospital was a creditor to whom the Plaintiff owed a debt, and therefore could not be held... READ MORE

In September of 2011, the Indiana Court of Appeals rendered its opinion in Doe Corp. v. Honore, 950 N.E.2d 722 (Ind. Ct. of App. 2011). The central issue in the case was whether the trial court had equitable power to consider a request for a preliminary determination of law after the Medical Review Panel... READ MORE

In May of 2011, the Indiana Court of Appeals rendered its opinion in Robertson (Indiana Patient’s Compensation Fund “Fund”) v. B.O., et al. 949 N.E.2d 404 (Ind. Ct. of App. 2011). The central issue in the case was whether the Fund can introduce evidence concerning the existence and compensable nature of plaintiff’s damages after... READ MORE

With the excessive over sharing that has become the hallmark of social networking, employers in the health care arena are becoming hyper-vigilant in protecting their facilities, hospitals, residents, and patients by developing policies and procedures related to mobile devices and social networking while on the job. In light of reports across the country that... READ MORE

The penalty for using Facebook or a cell phone at work can be more than termination.  Last month, an Oregon jury convicted Nai Mai Chao, a nursing assistant, of misdemeanor invasion of personal privacy for taking disturbing photos of elderly or disabled patients and posting them to her Facebook wall.  She spent eight days... READ MORE

In an important decision for long-term care providers, the United States Supreme Court (SCOTUS) held that state and federal courts must enforce the Federal Arbitration Act (FAA) with respect to all arbitration agreements covered by that statute, including pre-dispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. READ MORE