The Sixth Circuit Court’s decision in Tomei v. Parkwest Medical Center, 2022 WL 153178, (6th Cir. 2022), makes it clear that a failure to accommodate a patient’s disability is actionable under the Rehabilitation Act of 1973 and the Affordable Care Act (“ACA”). Although lawsuits under the Rehabilitation Act may be […]
Author: Heather L. Bohnke
Recently the Arizona Court of Appeals reiterated that the overriding public interest in hospital peer review proceedings prohibits fishing expeditions into those proceedings. In Takieh v O’Meara, 1 CA-CV 20-0290, the plaintiff wanted a hospital to produce emails related to a particular doctor’s peer review proceedings, or at least a privilege […]
April 30, 2020 – On April 16, 2020, The Arizona Supreme Court published an Administrative Order (2020-67), allowing probate proceedings to progress during the COVID State of Emergency health care institution lock-downs. The order gives the administrator of an Arizona health care institution, or such other person the administrator designates, authority […]
April 10, 2020 – On April 9, 2020, Arizona Governor Doug Ducey signed an executive order granting “immunity” from liability for front-line licensed health care workers and volunteers “providing medical services in support of the State’s public health emergency for COVID-19.” Still, the immunity only extends to acts and omissions occurring […]
October 25, 2017 – The Arizona Supreme Court made it clear in its opinion issued last week in the case of Rasor/Miller v. Northwest Hospital, LLC that a plaintiff risks an adverse ruling on a motion for summary judgment if its standard of care expert fails to meet credential and clinical experience […]