Health Law News

A jury was asked to weigh the cost of raising a child to maturity against the value the child brings to the world after the husband was incorrectly told his vasectomy was successful.
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NY Nurses win $127,000 in arbitration against Mount Sinai Hospital for ongoing understaffing of its NICU. The issue presented was the hospital's failure to meet contractual staffing requirements that had been agreed to by the nurses and administration after the nurses’ strike in January.
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The EEOC Chair discussed the importance of accessibility issues raised by emerging workplace technologies, stressing the importance of "Advancing Access and Equity."
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The EEOC published an article titled "What You Should Know About the Pregnant Workers Fairness Act" that outlines what is in the Pregnant Workers Fairness Act.
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The EEOC has published a proposed Enforcement Guidance on Workplace Harassment. It is intended to provide clarity regarding existing requirements under the law or under EEOC policies.
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On August 1, 2022, A Minnesota law went into effect that can have life-saving effects for patients who suffer from severe chronic pain. It provides updated guidance on defining intractable pain, drug diversion, palliative care, and rare disease; and it also establishes criteria for evaluating and treating both nonterminal and terminal patients.
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The Dept. of Labor published an opinion letter stating that an eligible employee with a serious health condition may use FMLA leave to work a reduced number of hours per day (or week) for an indefinite period of time as long as the employee does not exhaust their FMLA leave entitlement.
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The federal district court in Oregon recently reaffirmed that under the NPDB, hospitals are required to report physicians and other professional health care providers who surrender their privileges while under investigation.
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A study of 1,2222 Emergency Department clinicians (MDs, NPs, and Pas) in acute care settings in Massachusetts suggests that fear of patient harm is a greater motivator than fear of being sued for health care professionals.
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The Minnesota Federal District Court dismissed a lawsuit (Salier v. Walmart, Inc.) against Walmart and Hy-Vee for refusing to fill prescriptions for ivermectin and hydroxhchloroquine to treat COVID-19 infections, finding that the plaintiffs failed to state claims of self-determination, intentional infliction of emotional distress and tortious interference with contract.
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The Health Law Section of the ABA has announced the establishment of a Dobbs Task Force to examine the legal implications of the recent Supreme Court decision. Adrienne Dresevic, Chair-elect, will chair the task force.
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The Office for Civil Rights (OCR), U.S. Department of HHS, releases guidance for pharmacies, in light of the Dobbs v. Jackson Women's Health Organization Supreme Court decision.
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A lawsuit was filed on June 17, 2022, in the U.S. District Court for the Northern District of California against Meta Platforms, Inc, f/k/a Facebook, for allegedly sharing sensitive health data it collected from the online portals of healthcare providers. Among the allegations are that Facebook's Pixel tracking tool tracked and shared sensitive patient information.
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Have you found out that the Minnesota Board of Nursing has received a complaint against you? If this is the case, you should contact a lawyer, particularly one with experience health care law and professional nurse license defense.
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Marlene S. Garvis, JD, MSN, a nurse and lawyer, is experienced in representing nurses in professional licensure, health care law and discipline and regulatory proceedings, including representing nurses before the Minnesota Board of Nursing and the Minnesota Departments of Health and Human Services. With over 30 years of experience, Marlene is recognized as one of the area's leaders in defending nurses before the Board of Nursing in Minnesota.
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Marlene S. Garvis, JD, MSN, received the inaugural Gwen M. Lerner "Excellence in Leadership" Award from Mitchell Hamline Law Review on April 8, 2016. The award, named for the first editor-in-chief of the Hamline University Law School Law Review, is presented to a Law Review alumnus who demonstrates exceptional service and leadership in the community and outstanding support of the law review and school.