Health & Insurance

Nurse who survived Ebola sues Dallas hospital system

March 2, 2015
 Associated Press
A 26-year-old nurse who contracted Ebola while caring for the first person in the U.S. diagnosed with the deadly disease has filed a lawsuit against the parent company of the Dallas hospital where she worked.
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Treatment facility sufficiently showed man was a danger to others

February 26, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s 90-day involuntary commitment in a mental health facility because the treatment facility presented sufficient evidence that the man posed a substantial risk of harming others and was therefore dangerous.
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Bill banning abortion due to gender, disability advances

February 19, 2015
 Associated Press
Indiana would prohibit abortions based on fetal disabilities such as Down syndrome under a bill endorsed Wednesday by an Indiana legislative committee, after women who faced such pregnancies spoke on each side of the issue.
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6 central Indiana dental employees reach plea deals

February 18, 2015
 Associated Press
Prosecutors have struck plea agreements with six former employees of a central Indiana dental clinic in connection with a Medicaid fraud investigation.
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Anthem data breach already sparks class-action lawsuit

February 5, 2015
IBJ Staff, J.K. Wall
Less than 12 hours after Anthem Inc. reported hackers had stolen data on as many as 80 million current and former customers, Indianapolis attorney Irwin Levin already was preparing a class-action lawsuit against the company.
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Court rules in favor of hospital in contract dispute

February 4, 2015
Jennifer Nelson
A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.
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Group working to lure national medical-legal conference to Indianapolis

January 28, 2015
Marilyn Odendahl
A group of legal and medical professionals will launch an effort Thursday to bring a super bowl – of sorts – to Indianapolis.
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$1.8M verdict against Walgreen for pharmacist’s data breach stands

January 15, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
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Panel split over whether man needed to be involuntarily committed

January 7, 2015
Jennifer Nelson
A panel of the Indiana Court of Appeals Wednesday was divided over whether sufficient evidence was presented to justify that a mentally ill man was a danger to himself or others and thus needed to be involuntarily committed.
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‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014
Marilyn Odendahl
Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.
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Walgreen privacy judgment a 'game-changer'

December 3, 2014
Dave Stafford
A $1.4 million judgment against Walgreen for a pharmacist’s unauthorized breach of private prescription data should raise red flags for any health care provider whose employees handle private medical information, lawyers and legal experts say.
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Fired nurse’s retaliation claim reinstated

December 2, 2014
Dave Stafford
A nurse fired from a St. Joseph County clinic that treated patients with sexually transmitted diseases may go forward with a lawsuit claiming her termination was in retaliation for expressing concern that treating undiagnosed patients went beyond her scope of practice.
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Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014
Marilyn Odendahl
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade. 
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St. Joseph County’s proposed abortion doctor law stalls

November 26, 2014
 Associated Press
A push in South Bend to require doctors who perform abortions to have admitting privileges at a local hospital has stalled.
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Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent

November 14, 2014
Dave Stafford
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
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Treatment facility that released patient information not entitled to summary judgment

October 31, 2014
Marilyn Odendahl
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
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IU McKinney to host talk on Ebola

October 13, 2014
IL Staff
Indiana University Robert H. McKinney School of Law is hosting a multi-disciplinary talk Oct. 24 on Ebola, law and public health.
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U.S. judge blocks Obamacare tax rule for non-exchange states

October 1, 2014
 Bloomberg News
An Oklahoma federal judge dealt a blow to President Barack Obama’s health care law, invalidating IRS rules aimed at making policies affordable for consumers around the country.
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Woman’s suit against hospital for disparaging comments revived by COA

September 26, 2014
Jennifer Nelson
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
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Economic harm is key part of gay marriage argument

September 10, 2014
Marilyn Odendahl
When the 7th Circuit Court of Appeals on Sept. 4 affirmed Indiana’s marriage law was unconstitutional, Judge Richard Posner’s opinion gave special nod to the economic harm married same-sex couples suffer by not receiving the tangible state and federal benefits that are extended to married opposite-sex couples.
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Summary judgment affirmed in hysterectomy med-mal case

September 5, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
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Indiana wants ban on abortion pill law lifted

August 20, 2014
 Associated Press
An Indiana law that would require Planned Parenthood to stop performing drug-induced abortions at a Lafayette clinic or make significant upgrades to the facility wouldn't block women's access to the procedure, attorneys for the state contend.
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Judge: Indiana can sue IRS over health care rules

August 13, 2014
 Associated Press
A federal judge has ruled Indiana and nearly 40 state school districts can sue the Internal Revenue Service over rules it imposed to implement the federal health care overhaul.
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Tough anti-abortion laws examined in federal court

August 8, 2014
 Associated Press
Even with legislatures in summer recess, there's no lull in the battle over state anti-abortion laws as several federal courts decide whether to uphold or strike down some of the most sweeping measures.
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Feds cite Indiana Medicaid fraud unit over notices

July 30, 2014
 Associated Press
A federal agency found that the Indiana attorney general's office didn't give proper notice in nearly a quarter of the Medicaid fraud cases it helped prosecute in recent years.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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