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July 02, 2012

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Need for TX Doctors Expected to Become More Acute

Wrongful Death Suit Against Diocese to Proceed

Suit: Morgue Kept Body for Weeks Before Alerting Kin

TX High Court Restricts Some Age Discrimination Suits

Arlington Family Files Wrongful Death Suit After ATF Raid

Agency Charged With Investigating State Hospital Complaints Says 'No Thanks' to 36%

Jury Awards $55 Million in Birthing Malpractice Suit

 

 

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Announcements

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Medicare Program; Medicare Secondary Payer and "Future Medicals"

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The Centers for Medicare & Medicaid Services is requesting comments on a proposed Medicare rule. Click on the headline to learn more about the proposed rule and how to submit comments.  

 

Products

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Need for TX Doctors Expected to Become More Acute

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e Supreme Court's decision upholding the Affordable Care Act could give millions of uninsured Texans access to healthcare. But that access will mean little if too few people are available to deliver care. The doctor and nurse shortage is a problem for Texas and the nation. The state's forecasts put Texas 71,000 nurses short of the number it needs by 2020. A workforce study by the American Academy of Family Physicians estimates that the country will need 39,000 more family physicians by 2020. The need is particularly great in Texas, which ranks 47th among states in active primary-care doctors for its population.  Mitch Mitchell, Star Telegram  07/02/2012

Read Article: Star Telegram    

 

Laws/Cases

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Wrongful Death Suit Against Diocese to Proceed

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A Missouri judge has ruled that that wrongful death lawsuit against a Kansas City priest can proceed, despite the fact that the three-year statute of limitations has passed. The lawsuit claims the boy killed himself in 1983 after years of abuse, and that the local diocese attempted to cover up the misconduct. The judge ruled the statute of limitations should be suspended because of the church’s fraud and concealment.  Judy L. Thomas, Kansas City Star  06/29/2012

Read Article: Kansas City Star    

 

Suit: Morgue Kept Body for Weeks Before Alerting Kin

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A Chicago family has filed a lawsuit against St. Bernard Hospital and Cook County, claiming the county had the body of one of their relatives for weeks without alerting family members. Because the plaintiffs were told by the Cook County Medical Examiner's Office that they did not have the body, family members thought him to be alive, and spent weeks looking for him. The suit, citing "severe and extreme emotional distress," is seeking unspecified damages.  Naomi Nix, Chicago Tribune  06/28/2012

Read Article: Chicago Tribune    

 

TX High Court Restricts Some Age Discrimination Suits

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The Texas Supreme Court ruled Friday that in most cases alleging age discrimination, fired employees do not have grounds to sue if they were replaced by an older worker.The 6-3 ruling dismissed a lawsuit by Gloria Garcia, a 48-year-old secretary who was fired from a South Texas school district in 2003 and replaced by someone who was three years older. The court ruled that state law and U.S. Supreme Court precedent required Garcia's lawsuit to show, from the start, that she had an age-discrimination claim to pursue. That isn't possible if her replacement was older, Justice Don Willett wrote for the majority. Garcia "must demonstrate that her replacement was younger; otherwise, she is not entitled to a presumption of discrimination," Willett wrote.  Chuck Lindell, Austin American Statesman  07/02/2012

Read Article: Austin American Statesman    

 

Arlington Family Files Wrongful Death Suit After ATF Raid

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The morning he was killed, Harry Wilson Aguilar Sr. stood in the kitchen of an Arlington apartment making school lunches for his grandchildren. Outside the apartment agents from the Bureau of Alcohol, Tobacco, Firearms & Explosives, the FBI and other law officers were lined up in tactical formation. The agents broke open the front door. A federal lawsuit filed in Fort Worth says an unidentified ATF agent was standing at the doorway or just outside when he fatally shot the 55-year-old father of three adult children in the neck without provocation. Harry Aguilar, a house painter, was unarmed, did not pose a threat or imminent danger to the agents and didn't hinder the agents from entering the apartment, the lawsuit, filed by Aguilar's family, contends.  Darren Barbee, Star Telegram  07/02/2012

Read Article: Star Telegram    

 

Issues

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Agency Charged With Investigating State Hospital Complaints Says 'No Thanks' to 36%

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When public psychiatric hospital patients say they've been abused, neglected or exploited, they turn to the Department of Family and Protective Services for help. But the agency charged with protecting some of the state's most vulnerable patients routinely declines to investigate complaints that come from the 10 publicly funded hospitals that house people with serious mental illnesses. In fiscal year 2011, Family and Protective Services kicked back 36 percent of the complaints it received to the very facilities accused of wrongdoing in the first place: the hospitals.  Andrea Ball, Austin American Statesman  07/02/2012

Read Article: Austin American Statesman    

 

Malpractice

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Jury Awards $55 Million in Birthing Malpractice Suit

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A Maryland jury has awarded $55 million to a local couple in a medical malpractice lawsuit against Johns Hopkins Hospital for events surrounding the birth of their son. According to the lawsuit, the woman was rushed to the hospital for an emergency Caesarean section, but was then forced to wait two hours to have the procedure. The couple's son was born with severe physical and mental disorders as a result of loss of oxygen during that two hour period, the suit contended.  Yvonne Wenger and Kevin Rector, Baltimore Sun  06/26/2012

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