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Even The Doctor Is Not Immune

A federal jury recently awarded $350,000 in punitive and compensatory damages to three former employees of Endoscopic Microsurgery Associates, a Baltimore-area medical practice, who were subjected to unwanted sexual advances...more

Oklahoma Supreme Court Upholds New Discrimination Damages Caps as Constitutional

In late February, 2014, the Oklahoma Supreme Court, in MacDonald v. Integris Health, 2014 OK 10, upheld November 2011 amendments to the Oklahoma Anti-Discrimination Act (OADA), which abrogated common law remedies for victims...more

Nurse Anne Mitchell’s Whistleblowing Almost Blew Out Whistleblowing in Texas

The Winkler County nurses trials began with two nurses, Anne Mitchell and Vicki Galle, filing an anonymous complaint with the Texas Medical Board regarding the substandard care provided by Dr. Rolando Arafiles Jr. When...more

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

Surprising Risk of Discrimination Claims for Restaurants Moving Away from Meal Customization

Chicago, IL, April 15, 2013 - Many restaurants, especially upscale and higher-end independents, are moving toward prix-fixe menus, tasting menus, and policies that restrict additions, subtractions, and substitutions. Such...more

Inmates Claim County is Depriving Them of Basic Medical and Mental Health Care - Similar Lawsuits Expected to be Filed as Counties...

Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more

DOJ ADA Settlement Involving Hepatitis B Sends Critical Message to Higher Ed and Medical Providers

The DOJ has concluded that two medical schools had no lawful basis for excluding applicants who had active cases of Hepatitis B because they could not show that these individuals posed a direct threat to the health and safety...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Healthcare Update, No. 4, November 2012: Hospital Receptionist Harassed By Patient – EEOC Sues

Today, most healthcare employers are sensitive to issues of workplace harassment, although the focus of that sensitivity is usually upon issues involving co-worker to co-worker and supervisor to subordinate conduct. It is...more

Revolution in Disputes Between Hospitals and Their Physicians?

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

More Big Pharma Companies Cough Up Big Dollars in DOJ Settlements

The parade of major drug companies coughing up nine-digit or ten-digit dollar amounts in settlements with the U.S. government is continuing. GlaxoSmithKline recently broke a record by agreeing to pay the federal...more

New California Law Prohibits Genetic Discrimination and Can Result in Significant Damages If Violated

On September 6, 2011, California Gov. Jerry Brown signed into law the California Genetic Information Nondiscrimination Act (CalGINA), which will take effect on January 1, 2012. CalGINA amends anti-discrimination laws already...more

La responsabilità' professionale dello psichiatra

La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more

EEOC: Hospital Cannot Refuse to Hire "Latex Glove Allergic" Employees

Just when you thought you had heard it all when it comes to discrimination claims, it has been recently reported that a California hospital system settled a discrimination suit involving their refusal to hire workers who were...more

Payment Matters: HHS Office of Civil Rights Levies First Civil Money Penalty for Violations of the HIPAA Privacy Rule - $4.3...

Cignet Health Center (Cignet), a provider of physician, imaging, and laboratory services, was recently ordered to pay $4.3 million as a Civil Money Penalty (CMP) for its failure to comply with the HIPAA privacy rule and its...more

Blanket Policies Can Increase Your Risk of A Class Action Lawsuit

Generally, employees have not been successful in trying to bring class actions under the Americans with Disabilities Act (ADA). The reason is that – unlike Title VII or the Age Discrimination in Employment Act – it's not...more

Fenwick Employment Brief - February 10, 2010

IN THIS ISSUE: *Account Executives Not Exempt Administrators Under California Law *No “Grossly Inflated” Attorneys’ Fees on $11,500 Retaliation Verdict *News Bites ..Arbitration Agreement with Discovery Limitation...more

PAUL HEALY (A MINOR) SUING BY HIS MOTHER AND NEXT FRIEND, MICHELLE HEALY –v - THE HEALTH SERVICE EXECUTIVE AND ROBERT FITZSIMONS

Irish Medical Negligence Judgement - PAUL HEALY (A MINOR) SUING BY HIS MOTHER AND NEXT FRIEND, MICHELLE HEALY –v - THE HEALTH...

In these proceedings, it was claimed on his behalf that he suffered serious personal injuries a short time after his birth by reason of negligence and breach of duty on the part of the defendants. He sought damages from the...more

New Federal Law Regulates Collection and Use of Genetic Information by Employers and Group Health Plans

On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (“GINA” or the “Act”).[1] GINA prohibits employers and group health plans from discriminating on the basis of “genetic...more

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