Tag Archives: law

Supervision Of CRNAs Does Not Create Liability For Surgeons

surgeon

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…)

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Lawsuits For Unauthorized Release Of Private Medical Information

medical malpractice

We have previously written that the Health Insurance Portability and Accountability Act of 1996 (HIPAA), while requiring private health information be kept private, does not allow for an individual to file a lawsuit based on a violation of HIPAA. While a HIPAA violation does not provide the right for an individual to file a lawsuit when private medical information is released, one may still have the basis for such a suit under the torts of Invasion of Privacy or Breach of Confidentiality.

Invasion of Privacy 

State laws vary on the particulars, but in general an Invasion of Privacy lawsuit can be brought under three alternative theories: intrusion of seclusion, appropriation of a name or likeness of another, and publication of private facts. The release of personal medical information falls under the ‘publication of private facts’ category.

Who Can Sue for Publication of Private Facts?

Only actual live human beings, and … (Continued…)

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Indictment Unsealed In Md Abortionists Murder Case

Steven Brigham and Nicola Riley

[Updated with additional information, video and links to documents 1/10/12] 

We previously reported that police in Maryland have charged abortion doctors Steven Brigham, 55, of Voorhees, N.J., and Nicola Riley, 46, of Salt Lake City, Utah with a number of serious crimes including first-degree murder. Brigham faces 5 counts of the top murder charge as well as 5 counts of second-degree murder. Riley faces 1 count of first-degree murder and 1 count of second-degree murder. Both face a single count of conspiracy to commit murder. A third physician, George Shepard, 88, a resident of Maryland has had his medical license permanently revoked but has not had criminal charges filed. Brigham and Riley have both had their medical licenses suspended.

The indictments in the case were sealed however thus very few details were available. It was anticipated that once the indictments were unsealed we would gain an understanding of precisely why … (Continued…)

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2 Md Abortion Physicians Charged With Multiple Murder Counts

Steven Brigham and Nicola Riley

Baltimore may have its own version of the “Shop of Horrors” abortion clinic run by Dr. Kermit  Gosnell in Philadelphia. Gosnell has been charged with multiple counts of first degree murder and is in jail awaiting trial and faces the death penalty.

And now, under what are disturbingly similar circumstances to those in Philly, police in Maryland have charged doctors Steven Chase Brigham, 55, of Voorhees, N.J., and Nicola Irene Riley, 46, of Salt Lake City, Utah with a number of serious crimes including first-degree murder. Brigham faces 5 counts of the top murder charge as well as 5 counts of second-degree murder. Riley faces 1 count of first-degree murder and 1 count of second-degree murder. Both face a single count of conspiracy to commit murder. Brigham is currently in custody at the Camden County Jail in New Jersey and Riley is in custody at the Salt Lake County Jail … (Continued…)

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Winkler’s Tidwell Files Claim Of Indigence For Appeal Fees

scott tidwell

Convicted felon and former Winkler County attorney Scott Tidwell says his household monthly income of $4,500 equates to being indigent and unable to foot the bill for his legal costs in appealing October’s convictions. For his role in the now infamous Winkler County Nurse Whistleblower retaliation case a jury found him guilty of 4 felonies and 2 misdemeanors.  He was sentenced to four months in jail, 10 years probation and a $6,000 fine.  Tidwell, former Sheriff Robert Roberts, and Dr. Rolando Arafiles were all convicted of felonies and sent to jail. Former hospital administrator Stan Wiley turned state’s evidence and sang like a bird in exchange for a reduction in his charges to misdemeanors and a shortened jail term.

Roberts and Tidwell were removed public offices, and Arafiles and Roberts both lost their licenses. The State Bar of Texas has refused to comment on whether they will rescind Tidwell’s license. … (Continued…)

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Hospital Propofol Policy Results In $3M Judgement In Patient Death

propofol

Here at the Law Med Blog we have mentioned more than once the minefield institutions create through their ill considered creation of various unnecessary policies and procedures. The incredible irony here is that these P&P are almost always created with the idea they will LIMIT liability and increase quality of care. Often times they serve to create local Standards of Care which deviate from nationally accepted standards. The hospital however can be held liable for violating their own policies, regardless of whether they followed national standards. Once implemented, patients are entitled to be treated under the hospitals published policies.

And this brings us to Enloe Medical Center in Chico, California. A  Butte County Superior Court jury Monday ruled the hospital must pay the family of  50 year old Todd Stewart $3 million. Stewart, who died after a failed attempt to replace a faulty lead in an implanted cardiac defibrillator, underwent … (Continued…)

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4th Guilty Plea To Murder In Gosnell Baby Disposal Clinic Case

MASSOF

A fourth defendant in the Philadelphia Shop of Horrors abortion clinic case has pleaded guilty to 2 counts of 3rd degree murder, conspiracy and other charges.  Steven Massof, 49, also known at the clinic as “Dr. Steve”, is a medical-school graduate who never obtained a medical license or any health care certification. He has acknowledged his guilt in the murder of two viable late term infants who were born alive. Massof, from Pittsburgh,  previously testified before a grand jury that he regularly delivered late-term babies, cut umbilical cords and then severed the infants’ spinal cords by jamming a pair of scissors into the infants’ necks. He said he believed all of those babies were larger than 24 weeks.

It is believed that hundreds of late and full term infants were murdered at the clinic after pregnant women paid up front with cash for an illegal late term abortion. In some … (Continued…)

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Winkler Nurse Whistleblower Target Dr. Arafiles Surrenders License

arafiles

Kermit, TX -With a hearing scheduled for Monday in a local criminal courtroom where Dr. Rolando Arafiles is expected to enter a guilty plea in an agreement with prosecutors, it appears he has complied with what is likely one of the stipulations of his deal. On Friday, Arafiles signed an agreement with the Texas Medical Board to surrender his license to practice medicine according to the Associated Press. No pending investigation by the Board or other events that we are aware of brought this about. 

 Arafiles has been charged with two counts of felony misuse of official information and retaliation against two former Winkler County Memorial Hospital nurses who anonymously reported him to the state medical board for shoddy patient care. When Arafiles learned of the complaint he enlisted the help of then county sheriff Robert Roberts, who was his friend, patient and sometimes business partner. Roberts left no stone … (Continued…)

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SHOCKING: Convicted Attorney Tidwell Appointed To Represent County

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It is as if Winkler County Texas exists in an alternate universe. In that bizarre world, sense and reason are replaced by lunacy and a strange force that inhibits critical thinking.

It has been confirmed that Winkler Justice of the Peace Delynn Trammel has appointed Scott Tidwell to represent the county in a hearing today regarding the custody of neglected horses. Yes, that’s right, former Winkler County attorney Scott Tidwell, recently convicted of multiple felonies and sentenced to 120 days in jail, removed from his position as county attorney due to that conviction, and the target of a review of his license to practice law by the State Bar Association, is singled out by a justice of the peace as her choice to represent the county in court. Apparently Tidwell has not yet begun serving his jail sentence.

What can one even say in the face of such abject … (Continued…)

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Defense In Tidwell Trial Rests Without Calling Any Witnesses [VIDEO]

scott tidwell

After a 5 hour delay on Friday, the defense in the criminal trial of Winkler County Attorney Scott Tidwell surprised the courtroom by resting their case without calling a single witness. Attorneys for both sides met with the judge in chambers for 5 hours without a break before coming back to the courtroom and making the unexpected announcement.

A defendant often rests their case for one of two reasons. The most common is the argument that the prosecution failed to prove the elements of their case with their witness’s testimony, and that since the failure to prove their case is so obvious, no defense is necessary. Should that be the thinking on the part of the defense in this case, they are delusional in the extreme. 

The second reason can be that the defense simply has no witness to put on the stand who’s testimony would be helpful to their … (Continued…)

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Tidwell Trial Update: TX Medical Board Schools Defense [VIDEO]

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 Winkler County Attorney Scott Tidwell faces six charges in connection with the Winkler County nurses’ whistleblower scandal, two counts each of felony misuse of official information and retaliation and misdemeanor official oppression. He is the second to face trial in the scandal, after former sheriff Robert Roberts was found guilty in June of all six charges, and sentenced to four years probation and 100 days in county jail. Former hospital administrator Stan Wiley turned state’s evidence in exchange for a misdemeanor conviction and 30 days in jail. Dr. Rolando Arafiles is awaiting trial on similar charges as well as felony perjury for his false testimony in the trial of one of the nurses, Anne Mitchell.

The prosecution rested late Thursday afternoon in the criminal trial of Winkler County Attorney Scott Tidwell after a day of sometimes contentious testimony. The Executive Director of the Texas Medical Board, Mari Robinson, made … (Continued…)

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