Law Med Blog

Oklahoma Supreme Court Stops Personhood At Conception Ballot Measure

May 07, 2012 lawmed 1 Comment

The Oklahoma Supreme Court last week unanimously rejected as unconstitutional a ballot measure that would have asked voters to grant human embryos “personhood” rights this coming November. The proposed state constitutional amendment would have included “the beginning of biological development” in the definition of a human being.

“The United States Supreme Court has spoken on this issue,” Chief Justice Steven W. Taylor wrote for the court. “The measure is clearly unconstitutional pursuant to Planned Parenthood v. Casey, 505 U.S. 833 (1992). The states are duty bound to follow its interpretation of the law.” The proposed amendment is “void on its face”, said the ruling.

The amendment would have read, “A ‘person’ as referred to in Article 2, Section 2 of this Constitution shall be defined as any human being from the beginning of the biological development of that human being to natural death. The inherent rights of such person shall … (Continued…)

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Whitney Houston Final Coroner Report Leaves Death a Mystery

May 04, 2012 lawmed No comments

The Los Angeles County Coroner released his final report on the death of Whitney Houston earlier this month. In keeping with our tradition begun in the Michael Jackson case, we are presenting our analysis of the findings. We also present our usual disclaimer that we are not experts in forensic toxicology or pathology. At the same time the information we present either IS in our expertise or has been well researched. We had previously reported on the findings of the coroner after his office held a new reference last month. At that time Law Med expressed concerns regarding the statements of the coroner’s office regarding a cardiac event having led to drowning. We now address the issues in-depth. Comments are of course welcome, very much including those which disagree or point out errors.

Between 2:45 and 3:00 pm on 2/11/2012, Whitney Houston’s personal assistant left Houston alone in room … (Continued…)

CRNA, NP, Sisters And 2 Cops Charged With Federal Drug Violations [VIDEO]

April 30, 2012 lawmed 2 Comments

In a case of ‘how many professionals who we expect better from can band together to run a drug ring’ we turn to Beaufort county North Carolina where 3 nurses, a pharmacist and two police officers have been indicted on federal felony charges for improperly obtaining and distributing controlled substances.

Registered Nurse Practitioner Amanda Bunch had her license to practice suspended by the North Carolina Board of Nursing in 2010 for improperly prescribing controlled substances and only had it reinstated two months ago. Now she’s been arrested on federal charges for the same acts for which her license was suspended. It is alleged that Bunch was writing prescriptions for various pain killers, weight loss medications and sleep aids, all controlled substances, for her two sisters, one a Certified registered nurse Anesthetist and another a pharmacist, as well as a another nurse, a State Highway Patrol sergeant and another police officer, … (Continued…)

KY 17th State To Opt Out Of Medicare CRNA Physician Supervision Requirement

April 27, 2012 lawmed No comments

The American Association of Nurse Anesthetists (AANA) is reporting that Kentucky has become the 17th state to Opt Out of the federal law which requires that a Certified registered Nurse Anesthetist (CRNA) be supervised by any licensed physician who is willing, regardless of specialty training, in order for services to be covered by Medicare or Medicaid. The question now has to be asked what purpose this absurd federal health insurance supervision law even serves at this point. Initially physician anesthesiologists (and now a decade later, like an angry horse trainer next to his dead mount still slinging the whip) shouted dire warnings to the nations elderly that their lives were now in grave danger should they require an anesthetic. This despite the delivery of anesthesia being one of the safest areas of medicine and nursing that exists.

With hundreds of thousands of anesthetics now delivered in multiple states under the … (Continued…)

Over A Dozen Lawsuits Filed By Nursing Students Against Failed MSU School

April 25, 2012 lawmed No comments

Three more nursing students sue Mountain State University in West Virginia for fraud, breach of contract. Over a dozen such lawsuits have been filed in recent months. See our previous coverage of some of the lawsuits here and here. A former nurse anesthesia program student has also filed suit against their now closed program.

From The West Virginia Record

By Kyla Asbury -Kanawha Bureau

CHARLESTON — Three more cases have been filed by students of Mountain State University’s LPN to BSN Program for fraud and breach of contract.

Charles H. Polk and the Mountain State University Board of Trustees were also named as defendants in the suit.

Amber Whitener, Stacie Scott and Sonia Godbey were admitted into the LPN to BSN Program, according to three complaints filed April 5 in Kanawha Circuit Court.

The plaintiffs claim when they were admitted to the program, they were informed that

… (Continued…)

Calif Anesthesiologists Taking CRNA Supervision Issue To Supreme Court

April 12, 2012 lawmed 3 Comments

The California Society of Anesthesiologists (CSA), along with the California Medical Association (CMA), wants the state Supreme Court to review a decision by two lower courts that state law does not require physician supervision of nurse anesthetists. ( CSA and CMA v. Schwarzenegger)

Last month their bid to appeal a San Francisco City and County Superior Court’s December 2010 decision failed when a state appeals court affirmed that decision.

In order for hospitals and surgery centers and critical access hospitals to receive reimbursement under Medicare when a certified registered nurse anesthetist (CRNA) alone administers anesthesia, federal regulations require that the CRNA must be supervised by a physician. However, federal regulations also allow that a state’s governor has the discretion on behalf of the State to opt out of the physician supervision requirement as long as it is consistent with state law. On June 10, 2009, former Gov. Arnold Schwarzenegger exercised … (Continued…)

Former Judge Was Addicted To Narcotics On Bench, Had Sex During Breaks

April 08, 2012 lawmed 2 Comments

Knox County, Tn., Criminal Court Judge Richard Baumgartner was heavily addicted to prescription drugs during his final two years on the bench. So addicted in fact that he was having sex and buying pills during courtroom breaks, even purchasing from convicts he had previously sentenced. His addiction has called into question many of the cases he presided over, including one of Knoxville’s most notorious murder trials.

Baumgartner stepped down from the bench and pleaded guilty in March 2011 to a single count of official misconduct. It took another eight months before an investigation the seriousness of the judge’s drug problem It has cast doubt about whether he was sober enough to be sitting on the bench.

Another judge has tossed out the convictions from the high-profile murder case and ordered new trials. Many other defendants are filing motions for new trials. Due to the sheer number of people convicted in … (Continued…)

Supervision Of CRNAs Does Not Create Liability For Surgeons

April 05, 2012 lawmed 8 Comments

By Greg Stocks, The Law Med Blog

While any author certainly prefers that the reader take the time to read his or her work in its entirety, for those who want a quick answer without the evidence and law explained, here it is: Surgeons do not expose themselves to greater liability when they work with Certified Registered Nurse Anesthetists (CRNAs) alone vs physician anesthesiologists alone. Regardless of what anyone might tell you to the contrary, the courts and the case law are unambiguous and very complete on the matter. But don’t just believe me, read on for the irrefutable facts based in law.

It is worth noting from the outset that due to the incredible record of safety which the administration of anesthesia enjoys (so safe that it is the envy of every other medical and nursing specialty in this regard), concerns from surgeons over their liability exposure for anesthesia … (Continued…)

Calif Strip Mall Doc Charged With Murder In Prescription Drug Deaths

April 02, 2012 lawmed No comments

A Rowland Heights, California physician pleaded not guilty Friday in Los Angeles County Superior Court to murder charges in connection with three fatal prescription drug overdoses.

Hsiu-Ying “Lisa” Tseng D.O., 42, is charged with three counts of second-degree murder in the deaths of Vu Nguyen, 28, of Lake Forest; Steven Ogle, 25, of Palm Desert; and Joey Rovero, 21, an Arizona State University student from San Ramon, east of San Francisco. She also is charged with 20 felony counts of prescribing painkillers and anti-anxiety drugs to people who had no legitimate medical need for the medications. She is being held on $3-million bail.

Judge Shelly Torrealba denied a request from Tseng’s attorney, T. Edward Welbourn, to lower her bail. “I see this situation no differently than any other murder situation,” Torrealba said. “Three people are dead.”

The charges against Tseng are a relatively rare attempt to hold a physician criminally … (Continued…)

Suspended Ca Anesthesiologist Gave Daughter Propofol 500 Times: Hold Judgement

April 02, 2012 lawmed No comments

The California medical board has suspended the license of a doctor accused of giving his daughter hundreds of at-home doses of propofol, the powerful anesthetic that killed Michael Jackson, as a last-ditch, and effective, treatment for her debilitating chronic pain.

In an order filed Thursday, California Medical Board officials said Dr. Robert Markman of Northridge, a retired anesthesiologist who practiced from 1974-2001, is barred from practicing medicine pending a full administrative determination from the Board. He has never been disciplined by the Board in the past and has not been sued for malpractice during his years of practice. Based on the facts as presented in the Board’s order, the Law Med Blog is quite hesitant in passing negative judgment regarding Markman’s actions. While there are generally ethical issues when treating family members, assuming the facts are as stated he may be the best and only chance his daughter has for … (Continued…)

JetBlue Pilot Who Went Off The Rails Charged With Federal Crime: Medical Explanation?

March 31, 2012 lawmed No comments

Authorities have brought federal charges against JetBlue pilot, Captain Clayton Osbon, 49, subsequent to his apparent break with reality while piloting a flight from New York to Las Vegas.

Osborn has been formally charged with interfering with a flight crew. JetBlue Airways has also suspended Osbon, a 12-year employee with the airline. The federal criminal complaint t, which can be read below, charges Osbon with violating 49 U.S.C. Section 46504. The statute makes it a federal crime to assault, intimidate, or otherwise disrupt any flight crew member from performing their duties. If convicted, he can could face a fine up to $250,000, imprisonment for 20 years, or both. If found to have used a deadly weapon against the JetBlue crew, he could also get life in prison.

The complaint describes in detail the actions and utterances of Osborn during the flight, and the efforts by the flight crew and passengers … (Continued…)

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