Matter/case name: Carmen Sierra, M.D. (“Physician”) and Central Florida Internists, Inc. (“Practice”)
2. Terms of Settlement: Hospital will pay $38,548.21 to Physician and nothing to Practice
3. Paid to __X__ or Received from ____ (check one): Physician
4. Methods of payment: Lump sum.
5. Brief factual summary: This case involves a 2014 three-year Recruitment Agreement (“Agreement”) among Hospital, Physician, and Practice. Practice and Physician terminated their employment relationship 6 months into the guarantee period of the Agreement. Subsequently, Physician entered into her own private practice in the community and continues to meet her obligations under the Agreement. Practice and Physician disputed which party would retain certain
In order to qualify for Federal safe harbors regarding collective bargaining organizations must demonstrate that physicians' who are part of the organization are clinically or financially integrated with-in the practice in order to achieve cost and/or quality improvements to patient care [3]. They must demonstrate that joint contracting is reasonably necessary to achieve these cost and quality savings [3]. While there are no set limitations, the Practice should also consider their organizations market power in the community of their principle place of business. Lastly, they must consider weather they are exclusive in restricting individual physicians' ability to contract with various payors
The scenario and the details presented herein adequately meet the basic established criteria for a malpractice claim to be filed on the plaintiff’s behalf against Miraculous Regional Health System (MRHS henceforth). The circumstances surrounding Ms. Bonnie Bowser’s unexpected demise calls into question the most basic principles involved in caring of a patient under provider’s care. In legal terms, those fundamentals include the following four pillars below:
This case involves a physician, Dr. Burditt, who had disregarded the Emergency Medical Treatment and Active Labor Act (EMTALA). This act was implemented to prevent “Medicare-participating hospital from “dumping” patients out of the emergency room” (Pozgar, 2016, p. 245). In this case, Dr. Burditt had had examined the patient and made the decision to transfer her to another hospital that was located quite a distance away. When the patient was evaluated, it was noted that she had “dangerously high blood pressure (210/130) and was in active labor with ruptured membranes” (Pozgar, 2016, p. 245). Dr. Burditt should have continued to treat this patient because of her symptoms, which could have resulted in the death
The case was based on plaintiff claims that they were engaged in protected activity of investigating potential false claims submitted by the hospital to the government. According to the suit filed, a doctor on site was involved in a kickback agreement with the hospital anesthesiologist, Dr. Brad Barth, the husband of one of the plaintiffs in the case.
One of the strengths…. New physicians are hired on a two year contract with a fixed salary and benefits. After the completion of their two year term, they can then choose to either buy a share of Medical Associates and become stakeholders, or terminate their relationships with the practice entirely. Over the course of the past 5 years, Medical Associates’ staff has changed dramatically within the organization. As registered nurses retire or resign, they have been replaced with medical assistants. On five recent occasions, when a Registered Nurse assigned to a senior physician resigned, the senior physician demanded that the registered nurse assigned to a staff physician (non-shareholder) be reassigned to him or her and that the new Medical Assistant be hired to fill the vacancy with the new staff physician. This ad hoc system of job switching has caused a great deal of internal turmoil between the senior and junior physicians and has lead to the subsequent resignation of two Registered Nurses who did not want to be reassigned. Another issue of long term concern involves the financial structure of the corporation. At a recent Board retreat, a consultant furnished a recommendation that the corporation retain more of its annual earnings before sharing earnings with the shareholders. This report was very controversial.Dr. Eason, the Medical
In today’s world, more healthcare facilities are operated by managed care. These types of facilities are use outside contractors to keep costs low. One type of scenario would be anesthesiologists or specialized doctors working at hospitals to treat patients, in doing so, the hospital pays only for time worked instead of having a full-time staff that is not occupied all of the time. In the case of Cordero v. Christ, Christ Hospital contracted an anesthesiologist whose work brought harm to a patient. Because the hospital did not have preponderance evidence showing Respondeat Superior, the jury brought summary judgement thus awarding the Corderos damages from both the principal and the contractor by way of Apparent Authority and Vicarious Liability. Had the principal and contractor worked with an agreement, and followed guidelines set down by a risk management team, the summary judgement make not have happened. Unfortunately, neither party protected themselves as they could’ve by having the simplest of things, like their own logoed uniforms, a contract, and contracts for patients so sign like disclaimers and waivers.
The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult
According to Chief Justice Phillips’s opinion, the plaintiff, Sampson, needed to raise “a genuine issue of material fact that defendant Hospital was vicariously liable under the theory of ostensible agency for an emergency room physician’s negligence.” For that reason, we grant the BMHS’s request for writ of error due to the failure that the plaintiff was unable to establish vicarious liability based on the facts that the hospital had taken the reasonable and necessary steps to show its patients that the practicing physicians at the hospital were not employees or agents of the hospital (Phillips, 1997).
The individual interviewed was a medical folk from Promedica Fostoria Community Hospital. They work in the surgery department for sterile processing and have been there for over 16 years. The interviewee was asked multiple questions about the professional group they represent, their code of conduct, and their mission as a facility. They answered the questions to the best of their ability and gave much insight about the facility itself and the staff within the hospital.
relationship with the doctor has been established. In the case Hall v. Hilbun there was a
Florida Hospital has grown to be one of the largest healthcare providers in the United States. Impressively, Florida Hospital had a very humble beginning and a modest growth. In 1908, a small group of Seventh Day Adventists in Orlando developed their vision of bringing health care to the area. As part of their philanthropy, they were able to raise the funds necessary to purchase Florida Hospital’s first facility near Lake Estelle. It was a two story farmhouse that had a wraparound porch and had once served those needing treatment for tuberculosis. The facility had the capacity to care for 20 patients at any given time.
The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.
Cherry, B., & Jacob, S. (2008). CHAPTER 8 Legal Issues in Nursing and Health Care. In Contemporary Nursing: Issues, Trends & Management (5th ed., p. 185, p. 222). St. Louis, Mo.: Mosby/Elsevier.
87). All basic elements can be found in the case regarding nurse Oltz and St. Peter’s Community hospital. The contract remained in full effect until the second signing of a new contract omitting nurse Oltz. Nurse Oltz had performed 84% of the surgical services for St. Peter’s Community Hospital fulfilling his part of the contract. However, the hospital did not fulfill their part of the contract by remaining in an exclusive relationship with the nurse Oltz. Instead, the hospital signed a new contract with a competing group of anesthesiologists who negotiated lower prices to push nurse Oltz out of the market which in the monopolized their power and finally, nurse Oltz loss revenue after being terminated by St. Peter’s Community Hospital. It was concluded by the jury that the hospital conspired with the group of competing anesthesiologists to squeeze nurse Oltz out of the market in order to level the playing field so to speak. Consequently, St. Peter’s Community Hospital was in breach of its current contract with the anesthesiologist nurse Oltz. Moreover, there are several elements that should be viewed and discussed before entering a legal and binding exclusive contract.
On November 28, 2012 the Court of Appeals of Tennessee At Nashville reviewed Ramin Saeedpour v. Virtual Medical Solutions, LLC, ET AL. This case is about contracts and full filling each condition of the contract. In this case Mr. Saeedpour a Chiropractor in Nashville, TN entered a contact with Virtual Medical Solutions of medical equipment for a refund of the purchase price of the equipment with money back guarantee. Virtual Medical Solutions defense is Mr. Saeedpour did not meet the conditions of the contract by not filling the survey with each possible patient.