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March 1, 2024  Recent Legal News

Criminal

Fraud

Healthcare

HIPAA

Hospitals

Malpractice

Peer Review and Employment

Criminal

Texas v Sokhom
Arrested

Dr. Kozhaya Sokhon of Montgomery county, Texas was arrested for allegedly inappropriate sexual contacts with multiple patients.  

California v Adame, Galaz
Trial

A mother and daughter Libby Adame and Alicia Galaz are on trial for homicide after they injected a patient with injectable silicon and the patient died almost immediately.  They did not call 911 but a friend of the victim did.  They had performed many butt lifts in the past and allegedly should have know the risks.  This was the third butt lift procedure by the pair on this patient.

Ohio v Murphy
Indicted

Amanda Murphy of Sandusky was indicted on charges accusing her of posing as a nurse and as a physical therapist without any credentials.  She worked at Parkview and NOMS Healthcare and shame on them both.  She also got jobs at other facilities and thyey also should be held accountable.          Top

Fraud

US v Sentynl Therapeutics
Settlement

The California company agreed to pay $750,000 to settle allegations that they submitted claims for opioids after they paid kickbacks to physicians to order the drugs.

US v Baldonado
Superseding Indictment

A New Jersey grand jury returned a superseding indictment on Dr. Alexander Baldonado of Queens, New York, for receiving kickbacks for ordering laboratory tests that were not needed.        Top

Healthcare

Rottenberg v Commonwealth Health PNetwork
Filed

Dr. Eric Rottenberg, a urologist, is suing his former employer for an allegedly illegal enforcement of a restrictive covanent.  He signed up with the Group for 3 years in 2022 and worked there until November 2023, one year.  He says he was a 9-5 practitioner with no knowledge of any trade secrets.  He states he took no patient base with him when he switched to Lehigh Valley Physician Group.  The covenant said no practice for 2 years within a 20 mile radius of any location he practiced at while employed with the group.  

Colorado v U. S. Anesthesia Partners
Settlement

The medical group agreed to pay $200,000 and divest its contracts at five Colorado hospitals and will end its non-compete clauses.  Any provider that wants may leave US and work for the hospitals.  The group is also in a lawsuit with the feds over potential anticompetitive schemes at Texas hospitals.

St. Joseph Hospital v American Anesthesiology of Syracuse; Holy Cross Hospital v American anesthesiology of Florida
Filed

The hospitals are suing medical group for unlawfully restricting its physicians frm freely choosing where to work.  They claim the group' non-compete clauses are illegal and unenforceable.  

Singleton v California Medical Board
Filed

Anesthesiologist Dr. Marilyn Singleton is suing the state for its rule that every continuing education course include training in implicit bias- the ways in which physician's unconscious attitudes might contribute to racial and ethnic disparities in health care.  She is a black educator who does not want to teach this in her courses.  The suit is against the requirement that al l teachers must follow the ruling, not if the rule is legitimate.  They contend that the rule compels speech which is illegal.  It also challenges the evidence of implicit bias in health care as they say there is no studies that show that interventions have reduced bias in the long run.  The real question is whether the instructor is speaking as an individual or as a state actor.  If as an individual they are entitled to free speech but not if a governmental actor.        Top

Malpractice

Families v Lehigh Valley Health Network, Esernio-Jenssen
Filed

At least 12 families have filed a class action suit against the hospital and Dr. Debra Esernio-Jenssen for allegedly systematically over diagnosing children with Munchausen syndrome by proxy, a rare condition.  These are new suits and go along with many others filed earlier for the same cause of action.  Some of the families lost custody of their children due to the accusations.  There are also accusations that the hospital should never have hired the physician due to 20 years of courts condemning her accusations.

DeFrank v University of Chicago Health System
Filed

DeFrank is suing the hospital after his wife Ruth Colby, the CEO of Silver Cross Hospital in New Lenox, died after suffering heart failure during a valve repair.  They contend it should have been a replacement and the surgeon did some shaving of tissue which made thing worse.  

Patient v PeaceHealth Southwest Medical Center
Filed

The hospital screwed up and notified the wrong family about a patient on life support who was removed from that support based on erroneous information supplied by the hospital.  Write the check.

Patients v Providence Health & Services, Harter
Filed

In another case where the hospital just needs to write a check several patients were misdiagnosed with no cancer when they had cancer due to an alleged misreading by Dr. Jeffery Harter, a pathologist.  This was found a year or so later.        Top

Peer Review and Employment

Nurses v Heritage Hall Nursing Home
Filed

In Lawrenceburg, Kentucky, Heritage Hall nursing home has fired several nurses for doing what the nursing home should have done.  The nurses had attempted to tell the home about a nurse stealing drugs but the nursing home did not want to hear.  The nurses ten called police on their own and the offending nurse was arrested.  then the calling nurses were fired.  Shameful!!        Top

 

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.