Singularity Health Law Blog

DELAWARE PEDIATRICIAN CONVICTED OF WATER BOARDING CHILD.

In the “ I am not making this up” category, a Delaware Jury convicted Melvin Morse, M.D., a pediatrician and noted authority on childhood near death experiences of water boarding his 11 year old step daughter as a form of discipline and punishment. He was charged by authorities with endangerment and assault after the girl ran away from home and reported on Morse’s behavior. His lawyers argued that he was merely washing her hair in a manner that she didn’t like.

 

CALIFORNIA GAY CURE LAW GOES TO APPEALS COURT

Last year California Governor Jerry Brown signed into law California SB 1172, which makes it illegal to provide “conversion” or “reparative” therapy to homosexuals under the  age of 18 in the state. The issue is whether this an unremarkable and rational exercise of the police power of the state or an infringement of First Amendment rights.   Supporters of the bill assert that the “antigay” therapy is worthless pseudoscience and has the potential of harming young homosexuals who are struggling with identity and self worth issues.  They claim that homosexuality is not a disease or an assumed condition, but an intrinsic or genetic positioning on a natural scale of human sexuality.

 

“OFF LABEL” DRUG PROMOTION CONVICTION VIOLATES 1ST AMENDMENT

160 Common U.S. Food and Drug Administration (“FDA”) approved drugs which are used for “off label” purposes represent approximately 21 percent of all prescriptions in the United states. Physicians may prescribe FDA approved drugs for any therapeutic use that is appropriate in their medical judgment. The FDA, however, prohibits pharmaceutical companies and their employees from promoting the use of FDA approved drugs for “off label” use. Although there is no express prohibition in the Food Drug and Cosmetic Act or its regulations prohibiting the promotion of drugs for off label use, the government uses a criminal statute which prohibits the introduction of “misbranded” drugs into interstate commerce ( 21 U.S.C. 331(a) and 333(a)(1) to prosecute pharmaceutical companies, their employees and sometimes physicians who are “promoting” the off-label use of drugs.

 

“FERES DOCTRINE” REARS IN DATA BANK CASE.

In 1950, the United States Supreme Court in Feres v. The United States, 340 U.S. 135 (1950) held that a soldier could not bring a claim against the United States for injuries incurred while he was in military service.  In the recent case of Drabick, M.. v. Kathleen Sebelius et al.,1:10 CV 1841 a U.S. District Court in the Middle District of Pennsylvania held that a former military medical doctor and Colonel, Ret. in the Hematology-Oncology department of Walter Reed Army Medical Center could not bring a Section 1983 Civil Rights Claim against the government resulting from an allegedly inappropriate report of a medical malpractice claim to the National Practitioner Data Bank under the Healthcare Quality Improvement Act of 1986 under the Feres Doctrine.

SHAM PEER REVIEW BOOK INTERVIEW: Greg Piche´

Those that are interested can find an interview of the author of Sham Peer Review by the Denver Press Club at the following link.

http://denver.granicus.com/MediaPlayer.php?view_id=96&clip_id=5585

PEER REVIEW DAMAGES CLAIM WEARS THIN.

“Yo-yo litigation” bouncing back and forth between trial courts and appellate courts is wearing and expensive. Dr. Richard Chudacoff, M.D. should be able to attest to that.  Prior to moving to Las Vegas, Nevada in 2008, he was a renowned minimally invasive gynecological surgeon at Baylor University in Texas. In May of 2008, the University Medical Center of Southern Nevada, where he was an assistant professor, abruptly suspended his clinical privileges without notice or hearing. The action was described as a “routine administrative action” and not a 30 day emergency action based on immanent harm to patients. His university employment terminated because of the loss of his privileges.  The university hospital  forwarded a report of the suspension to the National Practitioner Data Bank in Washington asserting that the suspension resulted from “substandard or inadequate care.” Subsequently the “fair hearing” panel hearing his case disagreed with the grounds for the suspension and sent a recommendation to the Medical Executive Committee that his suspension be lifted and it was, in October, 2008.

Gun Rights Trumps Hospital/School Property Rights in Kentucky.

Michael Mitchell was a anesthesia technician at the University of Kentucky Chandler Medical Center when he was discovered to have possession of a loaded semi-automatic pistol in his automobile.  The gun was licensed and he had a concealed weapons permit. In April of 2009, the University fired him for violation of its no guns on campus policy. Mitchell, an at-will employee, brought an action for “wrongful termination” for violation of his constitutional rights to bear arms and his rights under Kentucky statutes. Kentucky, like most states recognizes an exception to an “at will” firing where the firing has been the result of a violation of the clearly expressed public policy of a state. Mr. Mitchell’s suit was dismissed on summary judgment and he appealed to the Kentucky Supreme Court which reversed.

IDAHO SELF ABORTION PROSECUTION REVERBERATES

Jennie Linn McCormack of Pocatello, Idaho has a messy life.  She is the single mother of three children living on a $250.00 per month child support payment for one of her children.  She is unemployed, poverty stricken and desperate. Adding to her troubles she became pregnant again and the father is now serving time in prison for robbery.

HIPAA SECURITY BREACH SETTLEMENT

The Office of Civil Rights of the Department of Health and Human Services (“OCR”) announced a settlement with Blue Cross and Blue Shield of Tennessee  this month a compliant alleging a security leak, in violation of HIPAA. The case is interesting factually and resulted in the payment by Blue Cross of a $1,500,000.00 penalty and the imposition of a Corrective Action Plan.