Holland & Hart Healthcare Law Blog

MONTANA SUPREME COURT AFFIRMS INJUNCTION AGAINST HOSPITAL SUSPENSION OF PHYSICIAN WHO DENIED IT ACCESS TO HIS FAMILY’S PRIVATE MEDICAL RECORDS.

 The Montana Supreme Court affirmed the issuance of a preliminary injunction restraining Community Medical Center, a hospital in Missoula, Montana for suspending the medical staff privileges of a hospitalist whose only offense was to refuse to grant unrestricted access to his family’s medical records to a hospital subcommittee. The physician designated as “Dr. Doe,” in the case of John Doe, M.D. v. Community Medical Center, Inc., DA08-0397, decided on November 24, 2009, asserted that that Community Medical Center  (“CMC”) breached the terms of its contract with him embodied in CMC’s medical staff bylaws and policies by summarily suspending his privileges with no demonstration of “ a substantial likelihood of imminent impairment of the health or safety of any patient, perspective patient, employee or other person present in the medical center” –the sole designated basis for summary suspension at CMC.

PERSONAL MEDICAL RECORDS (“PHR”): PROMISE AND PITFALL

 Hospitals, Physicians and other health care providers continue to struggle with the cost, interoperability, access and security issues related to adoption of Electronic Health Records (“EHR”). The Obama administration is very much behind the development of EHR for its anticipated quality improvement and cost reduction benefits. Healthcare providers are very touch about their medical records control and are somewhat wary of the easy portability of records in digital format.  There is a lot of inertia among patients who are reluctant to change physicians to new ones who are not aware of their history and do not have direct access to their charts.  Those charts have an economic value to the providers who own them.

 

OREGON FINDS EXISTENCE OF PHYSICIAN/PATIENT RELATIONSHIP IN NEUROSURGEON’S TELEPHONE CONSULT WITH EMERGENCY ROOM.

 In the absence of a contract or direct physician/patient contact, when does a telephone consult ripen into a professional relationship?  The general rule seems to be that in the absence of some connection with the patient, merely listening to another physician’s description of a patient’s symptoms and offering a professional opinion regarding the proper course of treatment is not enough to imply a physician’s consent to a physician-patient relationship with the patient. The consulted physician is generally considered to be offering only informal assistance to a colleague. Se, e.g., Reynolds v. Decatur Memorial Hospital, 660 NE. 2d 235(1996).

Greg Piche' To Speak on Functional Brain Imagery in address to Colorado Trial Lawyers Association.

Greg Piche" will address the Colorado Trial Lawyer Association at their Program entitled "Simple Solutions for Success in Brain Injury Cases" on November 20, 2009. The program is being held at the Four Points by Sheraton SE, in Denver.  His subject will be "The Effective Use of Functional Brain Imagery in Civil and Criminal Litigation.

ABORTION RIGHTS: SOPHIE’S CHOICE FOR PROCHOICE WOMEN IN HEALTHCARE REFORM?

ABORTION RIGHTS: SOPHIE’S CHOICE FOR PROCHOICE WOMEN IN HEALTHCARE REFORM?

 The House of Representatives passed its healthcare reform bill on November 7, including an amendment proposed by Representative Bart Stupak (D) Michigan and Rep. Joe Pitts (R) Pennsylvania excluding any coverage for abortion in the government run plan or in government subsidized access to insurance. Instead, women would be required to purchase separate coverage for abortion. The other side of the equation is that the bill removes a number of “gender rating” inequities and certain preexisting condition exclusions such as prior C-Sections or experience with domestic violence. The bill will also provide basic coverage for a much larger number of women.

 

COLORADO MEDICAL POT LAW ALL SMOKE?

The good news for Colorado Medical Marijuana smokers is that the Colorado State Constitutional Amendment making possession of pot more medically qualified users and their “personal care providers” is Constitutional. The bad news is that it is still illegal to sell it. On October 29, 2009, in People v. Stacy Clendenen, 08CA064, a panel of the Colorado Court of Appeals affirmed the conviction of apparent pot entrepreneur, Stacy Clendenen, for cultivation of marijuana, possession with intent to distribute marijuana, possession of marijuana-eight ounces or more, and possession of drug paraphernalia, after rejecting her defense that she was a “primary care giver, “protected under the Constitution.