11 results for 'cat:"Health Care" AND cat:"Immunity"'.
J. Thacker finds the lower court improperly granted immunity to the healthcare provider. A patient's personal medical information was stolen during a cyberattack on the provider's computer system. Healthcare providers are immune from federal suits arising out of medical, surgical, dental, or related functions. The provider argued that the patient's medical information rises out of a medical function, but safeguarding data is not a medical function. Vacated.
Court: 4th Circuit, Judge: Thacker, Filed On: March 29, 2024, Case #: 22-2268, Categories: health Care, immunity, Negligence
J. Hudson finds the lower court properly granted summary judgment to the health research foundation. Doctors exposed Guatemalan prisoners and sex workers to sexually transmitted diseases without their full consent in an effort to better understand diseases like gonorrhea and syphilis. Although the foundation provided general funding, the doctors who infected the prisoners were not acting as agents of the foundation. Affirmed.
Court: 4th Circuit, Judge: Hudson, Filed On: March 20, 2024, Case #: 22-1678, Categories: Civil Rights, health Care, immunity
J. Martinez upholds the lower court's refusal to dismiss a doctor's defamation claims against a pain management company with which she was once a member. The company fails to show the investigatory agency to which it allegedly defamed the doctor was involved in the administration of the functions of part of the government and, thus, immune. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: March 12, 2024, Case #: 04-22-00749-CV, Categories: health Care, immunity, Defamation
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: health Care, immunity, Contract
J. Smith finds that the trial court properly ruled against the inmate in his suit alleging he received inadequate medical care from the University of Texas Medical Branch. The inmate failed to show a waiver of sovereign immunity, so the plea to the jurisdiction was correctly granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 28, 2023, Case #: 10-23-00239-CV, Categories: health Care, Tort, immunity
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Broniec enters a writ of prohibition ordering the court to enter judgment for the institution's employees in a wrongful death action stemming from the death of a severely disabled man after he slid down in his wheelchair and the wheelchair's belt strangled him. The employees are entitled to official immunity for their decision to use the pelvic harness and how tightly to fasten the straps.
Court: Missouri Supreme Court, Judge: Broniec, Filed On: December 19, 2023, Case #: SC100069, Categories: health Care, immunity, Wrongful Death
J. Lake dismisses a putative class action against a nonprofit healthcare organization on claims arising from a data breach, during which 83,000 of its patients' personal and medical information was accessed. The nonprofit did not waive its governmental immunity under Texas law.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: December 13, 2023, Case #: 4:23cv3448, NOS: Other Contract - Contract, Categories: health Care, immunity, Privacy
J. Boatright finds that because several Colorado laws related to health care employees who report suspected drug thefts provide immunity only to persons, the trial court properly denied the employer's request to dismiss the employee's defamation and emotional distress claims after she was falsely accused of taking patients' prescription medications. The three laws under which the supervisor was granted immunity repeatedly use the word "individual" to describe covered persons, which prevents application of immunity to a corporation. Furthermore, while the duty to report statute allows for corporate immunity, the law requires facilities to report suspected thefts only to law enforcement; therefore, the employer's reporting to its board of directors violated the statute and prevented immunity. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 25, 2023, Case #: 2023CO49, Categories: Employment, health Care, immunity
J. Guerrero finds that the appeals court erred in holding that a county is immune from hospital collections claims for unpaid emergency room bills. The Government Claims Act does bar hospitals from seeking reimbursement under the the Knox-Keene Health Care Service Plan Act for emergency medical services provided to people enrolled in the county's health care service plan. The Government Claims Act provides immunity for tort claims, but does not apply to contract claims or other non-tort claims seeking money damages. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: July 10, 2023, Case #: S274927, Categories: health Care, Insurance, immunity
J. Silva grants a Nevada city’s motion for summary judgment as to this civil rights suit brought by the family of a man police killed because he charged officers after threatening his family with a knife during a mental health episode. The man was first shot in the chest with a 40mm beanbag without effect. He did not comply with commands before officers opened fire when the man was eight feet from them. The use of deadly force was connected to a legitimate law enforcement objective and a reasonable response to the threat. They were also acting to protect the family members. The court declines to exercise supplemental jurisdiction over remaining state-law claims, so these are dismissed without prejudice.
Court: USDC Nevada, Judge: Silva, Filed On: July 10, 2023, Case #: 2:22cv371, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, health Care, immunity
J. Desmond upholds the lower court's dismissal of a doctor's negligence claim against another physician for reporting his alleged opioid dependency. The physician was protected by the limited immunity granted to those making a report to a peer review committee. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: June 14, 2023, Case #: 22-P-4 , Categories: health Care, immunity