Articles and Blogs

On November 16, 2012, the United States District Court for the Eastern District of Michigan released an 80 page opinion granting Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al (No. 09-cv-14014). The plaintiff was a former physician at St. Mary Mercy who had... READ MORE

On September 19, 2012, the Indiana Court of Appeals issued its opinion in Columbus Regional Hospital vs. Clyde Amburgey.  The Court allowed plaintiff to proceed against the Hospital for the actions of physicians on staff as apparent agents even though the physicians were not named in the lawsuit.  The court found a material issue... READ MORE

On August 10, 2012, the Indiana Court of Appeals issued its opinion in Houser v. Kaufman and held that a woman could continue her claim against the physician who delivered her 35 years before she filed her claim. Stacy Kaufman filed a proposed medical malpractice claim against the estate of anonymous physician Dr. K... READ MORE

On August 15, 2012, the Indiana Court of Appeals issued its opinion in Curts v. Miller’s Merry Manor.  For the first time, the Court of Appeals held that nurses could be qualified as an expert witness under Indiana Evidence Rule 702 and could offer an expert opinion as to whether an alleged breach caused... READ MORE

Last month, the Sixth Circuit Court of Appeals issued an unpublished opinion granting a health care maintenance organization statutory immunity under the Health Care Quality Improvement Act (“HCQIA”) after terminating a physician’s contract.  In Moore v John Deere Health Care Plan, Inc., John Deere terminated the contract of Dr. Moore after receiving numerous quality... READ MORE

In Gister v. American Family Mutual Insurance Company, 2012 WI 86 (July 11, 2012), the Wisconsin Supreme Court held that charitable hospitals in Wisconsin may pursue payment for the medical care provided to Medicaid recipients by filing a lien against the settlement between the patient and the insurance company insuring the liability of the... READ MORE

Federal regulations are an enormous morass of complex, confusing, and often contradictory rules. The 2009 Code of Federal Regulations was 163,333 pages in 226 individual books.  The 2010 Federal Register, which contains new regulations proposed rules, and presidential papers, contained an additional 81,305 pages.  Intended as a roadmap, providing guideposts and requirements for dealing... READ MORE

Recently a new and unique “legal” source has been popping up in litigation. As you may know, Wikipedia is a collaborative online encyclopedia and according to a January 29, 2007, Article from The New York Times, “more than 100 judicial rulings have relied on Wikipedia, beginning in 2004, including 13 from Circuit Court of... READ MORE

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