What’s New in Health Law
Court Dismisses Claim of Hostile Work Environment, but Allows Retaliation Claim to Proceed
A federal district court in New York dismissed a claim by a former employee that she was subjected to a hostile work environment based on her sexual orientation. The court found that negative statements about the employee by a physician were the result of the employee raising concerns about the physician’s billing practices, and were not based on discrimination. However, the court allowed the employee’s claim of retaliation under the False Claims Act to proceed, finding that she was subjected to a hostile environment and other actions were taken against her because she engaged in protected activity under the Act.
Malanga v. NYU Langone Med. Ctr.
Check out this case and more on our What’s New page.
Question of the Week
The hospital across town is very lax with its on-call schedule. Even though this other hospital has numerous physicians in certain specialties, it keeps transferring ED patients to us because it doesn’t have anyone on call in that specialty who can treat the patient. Our physicians feel like they’re on call for the other hospital as well as our own. Do we have to accept these transfers?
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