The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
No Authority To Sign Here Either. And BTW Who’s Looking After Mom?
An 88 year old woman patient in a skilled nursing facility was hospitalized after a stroke. She woke up one night with her catheter removed, her call button unplugged, her gown off, an unknown male assistant looking down on her naked body and saying to her “This is why I love my job.” The woman […]
Autism Treatment Covered.
A consumer group argued that non-licensed therapists who are certified by the Behavior Certification Board (BACB) who provide Applied Behavioral Analysis (ABA) to treat autism should be covered by the Department of Managed Health Care (DMHC) which has jurisdiction over health plans commonly known as health maintenance organizations. [In contrast, the Department of Insurance has jurisdiction […]
Medicare Reimbursements.
Under 42 U.S.C. 1395y(b)(2)(B) (ii) a primary plan or an entity that receives payment from a primary plan shall reimburse Medicare once the primary plan’s responsibility has been demonstrated by a judgment or settlement. A federal judge in Arizona enjoined the Secretary of Health and Human Services from seeking up-front reimbursement of Medicare secondary payments from […]
$19 Million In Punitive Damages Reduced To $350,000.
Plaintiff served in the U.S. Marines and is entitled to medical care at Veterans Administration hospitals at no cost. He was involved in an accident in 1997 and was paralyzed from the waist down and relies on a wheelchair. In 2008, he was involved in a wheelchair accident and suffered a broken leg, but had numerous […]
Nurses: A Shot In The Arm.
The California Supreme Court decided who may administer insulin to diabetic students, in light of “a longstanding shortage of school nurses.” In 2007, California’s Department of Education stated that “trained school personnel who are not licensed health care providers may, when no nurse is available, administer insulin pursuant to medical orders of students’ treating physicians.” The […]
Defendant’s Submitted A Different Arbitration Agreement To The Court, Not The One Signed By Plaintiffs.
Defendants’ petition to individually arbitrate plaintiffs’ wage and hour claims was denied by the trial court. The appellate court affirmed in light of evidence plaintiffs signed an arbitration agreement issued by a previous owner, but the arbitration agreement defendants presented to the court had been subsequently revised. Avery v. Integrated Healthcare Holdings (Cal. App. Fourth Dist., […]
Hippotherapy Not Covered By State of California Children’s Services, CCS.
Child, now approximately 12 years old, was born with severe orthopedic problems and requires physical therapy. She received hippotherapy, involving placement of the child upon a horse wherein a therapist uses the movement of the horse to provide sensory input. She thereafter applied to California Children’s Services [CCS] to pay for hippotherapy she was receiving from […]
Clash Of Publicly-Funded Health Clinics With California’s Budget Woes.
In 2009, California passed Welfare and Institutions Code section 14131.10, as a cost-cutting measure. The statute eliminated certain Medi-Cal benefits that the state deemed optional, including adult dental, podiatry, optometry and chiropractic Health Clinic services, and discontinued reimbursement for those Health Clinic services. The Ninth Circuit stated: “We hold that Medicaid prohibits the limitations adopted by the California legislature.” California Association […]
$21 Million To Compensate For Woman’s Injuries Due To Drug Tossed By United States Supreme Court.
In 1978, an anti-inflammatory drug was approved by the Food and Drug Administration [FDA], and in 2004, the drug was prescribed for plaintiff to treat her shoulder pain. The United States Supreme Court noted: “The results were horrific. Sixty to sixty-five percent of the surface of [plaintiff’s] body deteriorated, was burned off, or turned into an […]
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