Health Care Law

The newsletter of the ISBA’s Section on Health Care Law

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2007 Articles

All the latest developments in health care law By W. Eugene Basanta & Andrew Roszak December 2007 In a diversity suit, the federal court was asked to consider whether a physician’s coverage under a “claims made” malpractice insurance policy was negated because he had not disclosed a potential claim at the time of the application for the insurance.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha September 2007 Recent cases of interest to health care practitioners.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha June 2007 A Wisconsin pharmacist, who had been fired from a retail pharmacy, brought suit alleging that his termination violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Specifically he claimed that he had been let go due to his religious-based refusal to have any form of interaction, no matter how slight, with anyone seeking birth control.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha March 2007 Medical malpractice litigation has been and continues to be rough on the litigating parties, including in particular physicians who are sued.
Bagent v. Blessing Care Corporation: How to avoid a hospital’s potential liability for wrongful disclosure of confidential patient information by an employee By Michael F. Dahlen June 2007 In its recent decision in Bagent v. Blessing Care Corporation, the Illinois Supreme Court held, in a case of first impression, that a hospital was not vicariously liable for the wrongful disclosure of confidential patient medical information by an employee phlebotomist because the disclosure was outside the scope of the employee’s employment.
Convenient care clinics in Illinois: The legal landscape By Andrés J. Gallegos December 2007 Convenient care clinics (known as “retail health clinics”) are highly affordable and accessible health clinics that offer general medical services to the public on an ongoing basis.
The Federal False Claims Act: A look at qui tam actions aimed at the pharmaceutical manufacturing industry By John N. Maher September 2007 This article presents the latest in a growing series of astronomical settlement agreements between pharmaceutical manufacturers and the United States, in cases brought by qui tam relators for false healthcare claims.
Illinois Supreme Court upholds physician restrictive covenants By Rick L. Hindmand March 2007 On December 21, 2006, the Illinois Supreme Court held that restrictive covenants in the employment agreements of two physicians are enforceable and that the clinic which formerly employed the physicians was entitled to a preliminary injunction to enforce the restrictive covenants.