AHLA's Speaking of Health Law

The Lighter Side of Health Law – December 2021

December 17, 2021 AHLA Podcasts
AHLA's Speaking of Health Law
The Lighter Side of Health Law – December 2021
Show Notes Transcript

AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments. 

To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Speaker 1:

This episode of HL, a speaking of health law is brought to you by HLA members and donors like you. For more information, visit American health law.org.

Speaker 2:

Hi, I'm norm Taber with this month's edition of the lighter side of health law. Sara Lee is a Bebo. I learned from this case that Sara Lee is a bimbo, but not the way you think. Sara Lee is one of the numerous brands owned by Bebo bakeries. Why did they name it? Bimbo bakeries. I have no idea, but back to the case, Monica Boswell was steaming a Bebo bakery cake in the cake section of the grocery was late, bought all butter loaf cake. Monica bought the cake. When she got home, she was stunned. Stunned to discover that it wasn't a big slab of butter. It was a cake. This being America, Monica naturally made a federal case of it by suing bimbo in the Southern district of New York. Sounding more than a little irritated the court throughout Monica's case, observing in effect that any it should know that a cake labeled all butter loaf cake is in fact a cake and not a giant pad of butter. The case is Boswell versus bimbo Southern district of New York. A good question. The judge in a California pink tax suit had a good question. Pink tax is the shorthand name for charging women more than men for the same product. The plaintiff brought a class action against Walgreens because the women's hair loss product cost more than the men's hair loss product. Why is that discrimination? The judge asked the plaintiff's lawyer. Well, the lawyer replied because the two products are exactly the same. You can see it right there on the labels. Well then the judge responded. If your client knew the two products were exactly the same. Why in the world that you buy, the more expensive one Walgreen's motion to dismiss was granted because cases low versus Walgreens, Northern district, California, maybe they should grade on the curve. If half the students in a class couldn't pass a test, the teacher might give some thought to whether the test was fair or considered grading on the curve rather than flunking half the class. Well, Medicare has announced its 10th annual round of penalties for readmission rates that are too high. Guess how many hospitals failed? 2,500 that's half of all hospitals in the United States and the penalty for failing as a reduction in Medicare payments. I'm no expert, but my guess is that when half of all the hospitals fail a test, there may be something wrong with the test. Maybe Medicare should reevaluate the test or at least consider grading on the curve. The story is in the October 28 issue Kaiser health news. When a contract claim is not a contract claim, an Indiana hospital had a valid contract with its radiology group requiring the group to indemnify it for claims arising from the group's negligence. But the hospital found out the hard way that a claim under a contract isn't necessarily a contract claim. Joe Shay's sons alleged his death was caused by negligence, but they waited until just a week short of the statutory two year limit before filing a notice of malpractice claim against the hospital. The hospital ultimately paid the sons$187,000. When the radiology group refused to reimburse the hospital, even though the claim was based on the group's negligence, the hospital sued the group. That's when the surprises started first, the trial court dismissed for lack of jurisdiction, ruling that what the hospital had was a malpractice claim, not a contract claim. So it should have started with notice to the department of insurance. Second, the claim was barred by the two years, statute of limitations for med mal claims two years from the medical incident, the sons filed just two weeks before the statute expired. So those two weeks were all the time the hospital had left to Sue the group. It didn't matter that the two weeks had expired long before the hospitals paid the sons a dime the cases lake imaging versus Franciscan Alliance, Indiana court of appeals, telltale clicks, Florida attorney Derek James had a cracker check idea on how to secretly coach a witness at a telephone deposition. He would text his coaching instructions to the witness. Derek, his witness and opposing counsel were in three different locations with no video, no one could see his thumbs dancing across the tiny keyboard on his smartphone. And audio was no problem because he wouldn't be speaking, not even whispering what could possibly go wrong. Well, a lot for one thing, Derek forgot to turn off the keyboard clicks option on his smartphone. So opposing counsel heard the telltale click, click, click, stop the deposition and asked Derek flat out if he was texting the witness. No, who said Derek? I was receiving texts from my daughter and he swear stopped texting, but he, and he compounded his error by accidentally sending his text to a opposing counsel rather than the witness. You can't make this stuff up. Opposing counsel demanded a hearing and production of all the texts. After all texts, leave a word by word transcript, sensing himself in a whole Derek decided to keep digging. He continued to lie to opposing counsel the judge and later the disciplinary committee, the upshot Derek was found guilty of violating through Florida bar rules and sentenced to a 91 day suspension without automatic reinstatement. The case is Florida bar versus James Florida Supreme court, a two edge sword. Stephanie Gerad was an associate at a major law firm. She was assigned the task of document review and a big case in the old days, an assignment like that was a nightmare, but nowadays big firms used a software program to assist in analyzing and coding digitally stored documents. So the assignment is merely boring rather than mind. Numbing Stephanie's firm used such a software program called relativity. She was glad of it until that is the program became a witness against her. When the firm suspected her of inflating, her time records, unbeknownst to Stephanie, the program also tracked and log the user's actions. So when Stephanie's time sheets showed more time than relativity recorded, she was caught. It was awkward enough for the days when she recorded more time than she worked. It was downright humiliating for the days when she recorded time, but did no work at all. The firm sent the client a check for the overcharges, fired Stephanie and reported her to the Illinois disciplinary authorities who suspended her for 60 days. Hold that Tigris. Recently, we talked about Elizabeth Holmes and her trial for defrauding investors and her blood testing company, Theranos. She invoked the son made me do it. Defense claiming that her then boyfriend, son Balani abused her and exerted a Fali like influence making her do all the bad things she did. Well. The prosecution responded by quitting her on her texts to and from son pointing out that the love birds used the word love or lovingly over 700 times in one text, Sonny called her a quote God's tyres. She responded coming from my tiger means the universe to me. And I love you. Tiger and tigers are being tried separately. So we'll have to wait to hear what sunny has to say. The case is us versus homes Northern district, California, give me Liberty or give me revocation or conductor. Steven law to lip MD doesn't think much of COVID protocols. So he directed his receptionist not to ask patients. If they had been in contact with someone who tested positive for COVID or displayed COVID symptoms, instead, she should screen them based on their facial expressions. Yes, their facial expressions. He refused to wear a mask and preached against them. Advising patients that they cause all manner of serious health problems, including strokes and carbon monoxide poisoning called before the Oregon medical board and asked if he planned to follow COVID protocols. He said, no, rather than wear a mask. He went on. I choose to sacrifice my medical license with no hesitation. Fine said the board with no hesitation, your license is revoked and your fine$10,000. He treated her like a dog. If the allegations in the indictment are true. Fertility, Dr. Joel brash treated the patient like a dog. Literally actually the indictment says Dr. Joel treated a great many patients that way. Specifically the indictment says Dr. Joel used animal catheters instead of human catheters to perform artificial insemination. He is charged with receipt and delivery of a adulterated devices in interstate commerce. There's no truth to the rumor that authorities first became suspicious. When Dr. Jewel referred to a patient's triplets as a litter, the case is us versus bra Northern district, Illinois. Well, that's it for this month's edition of the lighter side of health law. I hope you enjoyed it. Check your a weekly and health law connections magazine for the next edition.

Speaker 1:

Thank you for listening. If you enjoy this episode, be sure to subscribe to ALA speaking of health law, wherever you get your podcasts to learn more about ALA and the educational resources available to the health law community, visit American health law.org.