Mid-Atlantic Health Law TOPICS

Negligent Credentialing: Did you know that Arkansas' highest court recently refused to recognize a new cause of action for negligent credentialing? A patient, who alleged that negligent surgery on her spine caused her to lose the use of her legs, sued the hospital, claiming it had a duty to patients to credential only competent surgeons. The court disagreed, reasoning that patients were already well protected by other laws, such as an Arkansas statute mandating peer review of credentialing decisions.

Sunshine Payments Rule Delayed: Did you know that the Centers for Medicare and Medicaid Services has delayed finalizing and enforcing its rules implementing the Physician Payments Sunshine Act until January 1, 2013? Enacted as part of federal health care reform, the Act requires drug, device, and medical supply companies to report annually investments in, or payments made to, teaching hospitals and physicians (other than company employees).

Medical Malpractice: Did you know that Maryland's intermediate appellate court recently held that a physician with one board specialty is competent to opine that a physician with a different board specialty breached the standard of care, so long as the specialties relevantly overlap? The court said that a vascular surgeon could testify against an orthopaedic surgeon as to the standard of care for post-operative treatment of orthopaedic surgery patients, in a case where a total knee replacement operation resulted in misdiagnosed ischemia in the lower leg and subsequent amputation.