Holland & Hart Healthcare Law Blog

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.

THE REPUBLICAN HEALTH CARE LIABILITY REFORM PACKAGE

 Deep in the Republican Alternative Healthcare reform proposal unveiled by Rep. John Boehner (R) Ohio on November third, (The “Common sense Health Care Reform and Affordability Act,” can be found “Division C- Enacting Real Medical Liability Reform.” This section purports to nationalize state medical malpractice and medical product liability law and procedure into a uniform federal code which provides greater protection for doctors, pharmaceutical companies and medical device manufacturers.

"TOKE TIME" FOR MEDICAL MARIJUANA – New Federal Enforcement Rules Announced.

 The Justice Department announced new guidelines for medical marijuana use and dispensaries today that directs federal law enforcement officials to reallocate their resources away from federal prosecution of medical marijuana users and dispensaries in states that have “legalized” medical marijuana. The Justice Department will continue their pursuit of serious drug traffickers and those engaged in violence, money laundering , sales to minors and in the unlawful use of firearms.  They will also pursue those attempting to use the distribution of medical marijuana as a cover for illegal use or trafficking.