Law Med Blog

Students Sue Nurse Anesthesia Program Claiming Wages Due For Clinical Work

July 16, 2012 lawmed No comments

Two former students at Wolford College in Naples, Florida, are suing their alma mater in Federal District court and asking for class action certification claiming Wolford and Collier Anesthesia, P.A., an anesthesia group, owe them wages for the clinical experience part of the program. The lawsuit also seeks payment of overtime.

When Law Med first heard that some former anesthesia students were suing their training program and an anesthesia group responsible for the anesthesia care at a portion of the clinical sites used by the college, for payment of hourly wages for the clinical experience they gained, we sort of rolled our eyes and thought “Seriously?”

Then we read the complaint (scroll down to read it for yourself). According to the Plaintiffs, Wolford College and Collier Anesthesia are run by the same individuals, who are also named as defendants in the lawsuit, Thomas L. Cook and Lynda M. Waterhouse, which … (Continued…)

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$4.7 M Awarded Ruptured Esophagus During Intubation

August 31, 2011 lawmed No comments

4 years ago, 62 y/o Susan Kalitan was working as a dental hygienist when she decided to have outpatient elective surgery to treat carpal tunnel syndrome in her wrist. In the operating room at Broward General Medical Center in Ft. Lauderdale, Florida, she was given a general anesthetic during which an endotracheal tube was placed into her trachea as is common practice. Once in the recovery room, she complained of severe chest pain and pain on swallowing according to her attorneys. Despite these unexpected complaints, her medical providers did not investigate their cause and discharged her home they go on to say.

According to court testimony, her neighbor went to check on her the next day and found her nearly unconscious. She was rushed to Westside Regional Hospital where physicians discovered she had a ruptured esophagus which caused a massive chest infection leading to a 2 month hospitalization. Kalitan continues … (Continued…)

Former Student Sues WV Mountain State University Nurse Anesthesia Program

July 13, 2011 lawmed 3 Comments

We have to come right out and start by saying that the goings on at the West Virginia Mountain State University Nurse Anesthesia Program as alleged in a lawsuit filed against them last week are utterly shocking. If true, the program should be closed by the Council on Accreditation of Nurse Anesthesia Programs and the University should be taken to the cleaners by the former student now suing them (not to worry, the program is shutting its doors come October). Law Med thinks she deserves at least $1 Million in damages, including punitive. Wait until you hear why.

Christy Brewer filed suit in Federal Court in the Southern District of West Virginia July 5, 2011 against Mountain State University located in Beckley, WV. Brewer was accepted into and began studies in the MSU Masters Degree program in nurse anesthesia in January of 2007. Almost immediately, according to the complaint, she … (Continued…)

Laney v LSU Hazing Case Update

May 23, 2011 lawmed No comments

We previously reported that John Laney RN is suing the Louisiana State University Nurse Anesthesia program and a number of faculty for ‘hazing’. Laney alleges a Nurse Anesthetist faculty member physically and verbally assaulted him over a period of days and the administration failed to take action when he complained. The former student now claims that he voluntarily withdrew from the program but was then ‘re-enrolled’ by the program director so that he could then be dismissed.

Laney, since our last update, has filed a number of ‘motions’ to the following intended effect: He asked that the Court grant a trial before a jury, that two paragraphs be amended into the complaint, and that the Court appoint an attorney to represent him. The short version is: a jury trial is granted, the complaint is amended as requested, and the appointment of counsel is denied without prejudice and may be … (Continued…)

Hospital Policies Can Create a Standard of Care and Surprise Liability

September 27, 2010 lawmed No comments

Many health care workers might read their hospital’s policy and procedure manual in bits and pieces as the need arises, relying on fellow staff members to provide guidance as to ‘how things are done’. They do so at their, and the hospital’s, peril. Institutional policies and procedures quite often create a ‘local’ standard of care which if violated allow claims of negligence which otherwise might not be valid. It does not matter if an individual is doing things the way they have ‘always’ been done and the same way that the rest of the staff does them. If the P & P manual says things are to be done another way, patients can hold you to it.

An excellent example of how a specific hospital policy can wreak havoc with the professional is contained in our series on Dr. Bernstein and the Maryland Board of Physicians. This article will … (Continued…)

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