Publications: Health Care

Date	Description	Publication	Format
Feb 2008	Medicare Reimbursement Problems By Heather Kelly	For The Defense, a Defense Research Institute (DRI) Publication	PDF*
Nov 2007	Multimillion Dollar Verdict In Nursing Home Case	Health Care Update	HTML
Summer 2007	Who is TriCenturion? by Troy Brooks	Home Care Journal of Texas	PDF*
Aug 2007	Ruesga v. Kindred Nursing Centers West, LLC.: Arizona Court of Appeals Recognizes Circumstantial Evidence of Implied Agency Relationship To Uphold Enforceable Arbitration Agreements.	Health Care Case Alert	HTML
Aug 2007	Gordon & Rees Health Care Group in Expansion Mode	Health Care Update	HTML
June 2007	CMS Official Says Medicare May Be Capable of Profiling Doctors In 2008	Health Care Update	HTML
April 2007	Time Frame for Production of Medical Records in Response to Patient Requests to Change July 1, 2007	Health Care Update	HTML
Mar 2007	NRS 629.061 Health care records: Inspection; copies; use in public hearing; immunity of certain persons from civil action for disclosure	Health Care Case Alert	HTML
Jan 2006	Statutory Tolling Provisions Applicable To Medical Malpratice Actions Did Not Apply To Cause of Action For Elder Abuse– Plaintiff’s Case Dismissed	Case Alert	PDF*
April 2005	Family Practice Physician Waw Qualified To Testify Regarding Alleged Diagnostic Negligence of Chiropractor	Case Alert	PDF*
Dec 2004	Physician Committed No Battery On Infant Where Parents Never Advised That No Medications Were To Be Administered Without Their Consent	Case Alert	PDF*
Dec 2004	Regional Center Is Not Liable For Residential Care Facility's Negligent Mistreatment of Patient	Case Alert	PDF*
Nov 2004	Patient's Daugher's "Responsible Party" Acknowledgement Did Not Constitute Agreement To Arbitrate Mother's Malpractice Claims And Daughter's Wrongful Death Claim	Case Alert	PDF*
Nov 2004	Plaintiffs Not Liable For Attorneys Fees Of Defendant Where Doctor's Offer To Compromise Was Impliedly Conditioned On Acceptance By Both Plaintiffs	Case Alert	PDF*
Oct 2004	Limitations Period On Professional Negligence Claims Against Health Care Providers Did Not Apply To Claim For Statutory Elder Abuse	Case Alert	PDF*
Oct 2004	Physician Who Disputed Revocation of License Was Denied Fair Hearing Where Medical Board Disqualified All Expert Testimony In His Favor	Health Care Update	PDF*
Sept 2004	Physician Who Disputed Suspension Of Hospital Privileges Was Denied Fair Hearing Where Hearing Officer Had Financial Conflict Of Interest	Case Alert	PDF*
Aug 2004	Gordon & Rees Continues Expansion With New Office In Phoenix	Health Care Update	PDF*
Aug 2004	Hospital Acted Properly In Summarily Suspending Doctor Based On Substantial Evidence That Doctor Posed Imminent Risk of Harm To Potential Patients	Case Alert	PDF*
Aug 2004	Psychotherapist's Duty To Warn Triggered By Actual Belief - Expert Testimony Not Required To Establish Liability	Case Alert	PDF*
July 2004	California Approves 75% Tax On Punitive Damage Awards	Case Alert	PDF*
July 2004	Nurses Away From Their Assigned Units While On Break Are Not Counted For Purposes of Compliance With Minimum Nurse-To-Patient Ratios	Case Alert	PDF*
July 2004	Covenant Care Upheld: Elder Abuse Claims Against Nursing Facility For Punitive Damages Are Not Subject To CCP Procedural Requirements	Case Alert	PDF*
July 2004	Statutory Five-Year Period Defining Expert's Emergency Room Experience Begins To Run From Date of Alleged Malpractice	Case Alert	PDF*
May 2004	Physician Expert May Not Be Held Liable In Subsequent Tort Action For Testimony, But May Be Subject To Professional Discipline	Case Alert	PDF*
May 2004	Daubert Applies "Flexibly" To All Expert Testimony, Including Medical Malpractice Claims	Case Alert	PDF*
April 2004	California Court Hands Surgical Team A Victory, Holds Plaintiff's Experts Cannot Just Assume Negligence and Causation Due to Post-Surgical Complication	Case Alert	PDF*
April 2004	California Court of Appeal Reveres Nursing Home's Victory -- Returns Case for Trial	Case Alert	PDF*
Jan 2004	Medical Group That Employs Physicians Is Entitled To California's $250,000 Limit On Non-Economic Damages	Case Alert	PDF*
Jan 2004	Expert's opinion regarding cause of infection too conclusory and speculative to be admissible	Case Alert	PDF*
Dec 2003	Hospital Has No Duty To Hold Remains Until Family Members Located	Case Alert	PDF*
Dec 2003	California's Supreme Court set to hear oral argument on applicability of punitive damages-related procedural safeguards to elder abuse claims	Case Alert	PDF*
Dec 2003	Suspended Medical License + Breast Implant Surgery With Complications = 14 Years in Prison	Case Alert	PDF*
Nov 2003	Physician Entitled to Hearing Before Being Fired by Hospital	Case Alert	PDF*
Oct 2003	Regional center for developmentally disabled persons may be held vicariously liable for injuries caused by negligent care provider	Case Alert	PDF*
Oct 2003	Defending Health Care Providers	Article	PDF*
Sept 2003	Efforts Fail to Expand the Reach of California's Unfair Competition Law	Regulatory Alert	PDF*
Sept 2003	Clear and convincing evidence required for punitive damages based on managing agent status or conduct alleged to be ratification	Case Alert	PDF*
Aug 2003	Hospital's statutory immunization from liability for involuntary detention did not extend to negligent acts during psychiatric hold	Case Alert	PDF*
Aug 2003	Hospital has qualified privilege for adverse evaluations of residents	Case Alert	PDF*
Aug 2003	Early Release of Dangerous Patient Because He Had No Insurance Results in Psychiatrists' Liability for Patient's Harm to Others	Case Alert	PDF*
Aug 2003	Dentist's disclosure to police of suspicions about police officer/patient's prescription drug dependency was lawful and privileged	Case Alert	PDF*
July 2003	Mere Suspicion That Operation Caused Persistent Post-Surgical Throat Pain Is Not Enough To Show That The Patient Knew Or Should Have Known Of The Negligent Cause	Case Alert	PDF*
July 2003	Tissue Bank Qualifies As A Health Care Provider And Cannot Be Sued For Strict Liability Claims	Case Alert	PDF*
July 2003	Res ipsa loquitur instruction was properly denied where complexity of medical procedure made expert testimony necessary	Case Alert	PDF*
July 2003	Pain in the Neck After Pelvic Surgery Not Enough to Establish Negligence	Case Alert	PDF*
July 2003	Physician's release of nonspecific general information regarding patient's condition to employer did not violate confidentiality	Case Alert	PDF*
June 2003	Hospital's confidential "occurrence reports" were protected from disclosure under attorney-client privilege	Case Alert	PDF*
June 2003	State cannot assert Medi-Cal lien on wrongful death recovery by decedent's infant survivor	Case Alert	PDF*
May 2003	State university hospital not immune from dependent adult abuse claim	Case Alert	PDF*
May 2003	Court upholds right of medical clinic to terminate medical care for patients who file lawsuits against clinic's physicians and adopts a narrow view of "unfair" in Unfair Competition Law cases	Case Alert	PDF*
May 2003	Triable issues were presented as to whether a health plan breached insurance policies by changing policy terms so that premiums were no longer based on initial enrollment age but on age at time of renewal.	Case Alert	PDF*
May 2003	Public entity Medi-Cal HMO enjoyed governmental immunity against allegation of negligent credentialing of physician.	Case Alert	PDF*