42 results for 'cat:"Evidence" AND cat:"Health Care"'.
J. Morrison denies the medical provider's motion for summary judgment, ruling undisputed facts show it prevented the claim recovery company from accessing its billing systems following a dispute about the parties' contract, which is sufficient for the breach of contract claim to proceed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 24, 2024, Case #: 2:21cv1501, NOS: Other Contract - Contract, Categories: evidence, health Care, Contract
J. Stacy finds the county court properly entered the order finding the stroke patient incapacitated, appointing a permanent guardian. Found by protective services to be vulnerable to financial exploitation, self-neglect and undue influence, the patient's caseworker sought to establish a guardianship. It was proper for the court to admit a neuropsychological report into evidence. Including this report, ample evidence supports the finding as to the patient's capacity and that a full guardianship is the least restrictive alternative to provide care. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: April 19, 2024, Case #: S-23-209, Categories: evidence, health Care, Guardianship
J. Barrett finds the circuit court properly involuntarily admitted the patient for drug-addiction treatment. The patient's mother filed a petition to have him involuntarily admitted for a fentanyl addiction and testified her son had overdosed 20 times that year, including having been found lying in the street. She also says he hears voices and she is afraid for her life. Though no evidence was presented showing the patient was homicidal, the state proved he was disabled and suicidal due to his drug use. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 3, 2024, Case #: CV-22-293, Categories: evidence, health Care, Commitment
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J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: evidence, health Care, Employment Retaliation
J. Kiley finds a lower court improperly awarded a former caregiver worker unemployment benefits after the death of a client. The former client's care giver argued that she was entitled to benefits based on claims that she did not quit or was discharged. However, neither party had the opportunity in court to resolve whether or not she was an actual employee after the ALJ interrupted her in the proceedings. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: March 19, 2024, Case #: 1 CA-UB 22-42, Categories: Employment, evidence, health Care
J. White grants a patient’s writ of certiorari to quash the trial court’s order authorizing a doctor, hospital and surgery group to issue subpoenas for her medical records. The trial court failed to limit the subpoenas or perform an in-camera inspection to prevent the disclosure of medical records.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-2217, Categories: evidence, health Care, Discovery
J. Virden finds the workers compensation commission properly awarded the prison mental health advisor a permanent anatomical impairment rating. The rating of 10% impairment was awarded for both the advisor's wrists for her compensable injury of carpel tunnel syndrome. Though the department argues there were no objective physical findings after surgery, there is still no requirement that medical testimony be based solely on objective findings. The record contains all necessary supporting findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 13, 2024, Case #: CV-23-30 , Categories: evidence, health Care, Workers' Compensation
Per curiam, the court of appeals denies the petition for mandamus. Civilly committed as a sexually violent predator, the patient's unauthorized petition for release was denied, with the court stating that though progress was made, the patient was still likely to engage in predatory sexual violence. The expert report shows the patient's behavior has changed for better and worse during the course of his treatment.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 7, 2024, Case #: 09-22-00022-CV, Categories: evidence, health Care, Commitment
J. Hicks denies summary judgment to a hospital on its argument a father offers no evidence to prove its emergency room failed to give his 13-year-old son an appropriate medical screening. After the hospital discharged the boy after a diagnosis of a genital yeast infection, the child died the next day from diabetic ketoacidosis. Several key contested facts relate to the father’s medical screening complaint, including whether his son’s exam was tailored to his chief complaint at the emergency room: consecutive days of vomiting. The factual determination will be for the trier of fact at trial, not summary judgment.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: February 29, 2024, Case #: 5:22cv171, NOS: Other Statutory Actions - Other Suits, Categories: evidence, health Care
J. Papillion grants summary judgment to a children’s hospital, dismissing an employee’s Title VII religious discrimination complaint arising from her nine-day suspension for failing to get a Covid-19 vaccination. Her suspension was lifted and accommodations were made after the last of her four affidavits articulated a bona fide religious belief that conflicted with the hospital’s vaccine requirement. The first three sworn statements included largely disjointed legal maxims, bible verses and portions of the Nuremberg Code on human experiments. The successful fourth affidavit finally stated the employee believes she is “a creation of the one true Creator Almighty,” and that “the body is the temple of the Holy Spirit and as such should not be used for medical experimentation.”
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: February 28, 2024, Case #: 2:22cv4757, NOS: Employment - Civil Rights, Categories: evidence, health Care, Covid-19
J. Gibbons finds the county court properly denied the state's petition for judicial review in a highway patrol officer's case concerning workers' compensation benefits for heart disease. The insurer denied the claim, finding the officer had predisposing conditions. However, an investigation following the officer's appeal showed he had taken proper measures to correct the condition, and the appeals officer then found the claim compensable. The state has not shown that correcting the predisposing condition was within the officer's ability. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 26, 2024, Case #: 84035-CoA, Categories: evidence, health Care, Workers' Compensation
J. Bean finds a lower court properly dismissed a Disclosure and Barring Services' motion to place a former vulnerable adult social worker on a barred provider list. The barring service argued that the social worker stole funds from a client suffering from myotonic dystrophy. However, the social worker presented sufficient evidence in court that her vulnerable client used his funds to purchase large amounts of Disney dolls, Disney DVDs, and princess wigs. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: February 13, 2024, Case #: CA-2022-1651, Categories: evidence, health Care
J. Rowe finds the court of appeals improperly reversed the trial court's finding the terminally ill patient's request for revocation of life support is weighed by the clear and convincing standard of proof. The appeals court found the proper standard to be preponderance of the evidence. The Oklahoma Advance Directive Act requires the advance directive for health care be honored during the patient's incapacity without court involvement. The trial judge properly weighed the evidence, which supported his judgment. An incapacitated or incompetent person retains the legal right to revoke their advance directive. Vacated.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: February 6, 2024, Case #: 120500, Categories: evidence, health Care, Wills / Probate
J. Molberg finds that the lower court properly entered a take-nothing judgment in favor of the appellee, in this negligence lawsuit stemming from an incident at an indoor shooting range in which the appellee allegedly "removed the left earmuff" of the appellant's hearing protection. Any error in the admission of certain medical records from the appellant's primary care physician was harmless, as it did not result in an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00347-CV, Categories: evidence, health Care, Negligence
J. Currault denies requests by Amazon and Whole Foods to bar counsel for parents of an autistic child from quizzing corporate representatives on specific topics in upcoming depositions for a baby food contamination suit. Considering the parents’ negligence and sale nullification claims against the food retailers are overly broad, the ruling restricts, rather than strikes, certain deposition topics, such as any due diligence the corporations performed regarding heavy metals in products that allegedly contributed to their child’s developmental disorder.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 22, 2024, Case #: 2:22cv551, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, health Care, Negligence
J. Prata affirms a lower court ruling in favor a hospital and against the estate of a gastroenterologist, finding the trial court properly dismissed the doctor’s state law whistleblower allegations against his supervisor for financial misconduct and inappropriate relations with the facility’s head endoscopy nurse. The doctor’s "arguments distort the evidence in a retrospective attempt to mold the facts" into a state law whistleblower protection claim. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: January 16, 2024, Case #: 22-42, Categories: evidence, health Care, Whistleblowers
J. Kelly finds a lower court improperly denied a defendant's motion for compassionate release after he was convicted for drug trafficking and crimes involving firearms, which resulted in a 360 months sentence and six years of probation. The government argued that his medical challenges, with the exception of one, are not extraordinary. However, the defendant presented sufficient evidence in court that he faced a high risk of contracting Covid-19, and that the lower court may have erred in deciding that his health issues were not "extraordinary and compelling." Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 7, 2023, Case #: 22-3430, Categories: evidence, health Care, Covid-19
J. Roby denies a request by a staffing agency for New Orleans area hospitals to sanction counsel for a health care services provider for alleged harassment of its corporate representative related to her deposition for a contractual dispute. Only four pages of a deposition transcript have been provided and, therefore, it is impossible to know whether the accused litigant’s requests were proper.
Court: USDC Eastern District of Louisiana , Judge: Roby, Filed On: November 30, 2023, Case #: 2:22cv2322, NOS: Other Contract - Contract, Categories: Employment, evidence, health Care
J. Barbier grants summary judgment to a group of insurers, dismissing claims of federal health care violations by primary care physicians one day after rejecting their antitrust claim, effectively gutting the doctors’ suit alleging they conspired to reject their claims for allergy services. The doctors unsuccessfully sought a ruling the insurers were violating Medicare and Medicaid regulations aimed at protecting health care providers from discrimination. None of the statutes cited provide the doctors with a right to sue the insurers, which the physicians acknowledge by their failure to respond to the insurers’ argument on this point.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: November 28, 2023, Case #: 2:18cv399, NOS: Antitrust - Other Suits, Categories: Antitrust, evidence, health Care
J. Zmuda finds the lower court properly found the mother a danger to herself and her children, and ordered her involuntary confinement. Substantial evidence supported its conclusion, including testimony from police who found her with a loaded gun in her dilapidated home while claiming a maintenance employee poisoned her with LSD and expert testimony from the physician who treated her when she was first hospitalized. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 22, 2023, Case #: 2023-Ohio-4239, Categories: evidence, health Care
J. Wolf grants a religious institution’s motion to permit their expert to conduct an independent mental examination of a woman suing the group for injuries she allegedly suffered because she was sexually abused by the group’s priests while living as an orphaned child under their care. Controversy exists over the woman’s condition because her medical records are mostly handwritten notes written by her expert witness, who is her treating psychiatrist and psychotherapist, which the religious organization’s expert found unhelpful.
Court: USDC Maine, Judge: Wolf, Filed On: November 3, 2023, Case #: 1:22cv381, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, health Care, Experts
J. Doughty denies requests by a woman suing Walmart for a trip-and-fall to exclude as highly prejudicial and irrelevant, evidence of prior or subsequent accidents like the incident at the chain store. The ruling agrees with Walmart’s argument that such evidence is “wholly relevant” in determining damages. The woman and her husband were involved in a car accident nearly one year after the slip and fall incident. That suit is currently pending in state court. Both suits are for personal injury claims for several related injuries, such as cognitive issues, depression and pain in the limbs.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: October 18, 2023, Case #: 3:22cv50, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, evidence, health Care
J. Maxa finds that the lower court properly denied a certificate of need to perform
elective percutaneous coronary interventions. The health care facility that brought the petition attempted to introduce data from outside the Department of Health to show their need for such a certificate, but the lower court properly found in denying the application that the department was not required by law to consider the additional data. The data from the department already serves as an exhaustive list, and the outside data was properly dismissed as a result. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: October 17, 2023, Case #: 57403-9-II, Categories: evidence, health Care
J. Harrison finds the Arkansas Workers’ Compensation Commission properly reversed the opinion of the administrative law judge, finding that the employee had proven entitlement to additional medical treatment and additional temporary total disability benefits. The employee injured her knee by stepping in a hole while picking up litter, and medical records show that she had a preexisting condition that was aggravated by the admittedly compensable injury. The state transportation department fails to challenge this, and substantial evidence supports the commission’s decision. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 4, 2023, Case #: CV-22-687, Categories: evidence, health Care, Workers' Compensation