What’s New in Health Law

New Cases

* * * *

Case Heads to Overtime

A district court denied a hospital’s motion to dismiss a physician Title I ADA claim. The district court found that the physician adequately pled his claim that he was denied reasonable accommodation prior to the termination of his employment in July 2016. Furthermore, the court found the physician adequately pled his claim that he was later discriminated against when his privileges were terminated in February 2018. While the hospital argued that termination of medical privileges held by a non-employee could fall only under Title III of the ADA as a public accommodation, and that the physician’s claim should therefore be dismissed, the court ruled this “novel argument” should be argued on the merits.

Cruz v. Lovelace Health Sys., Inc.

To read more about this case and more, visit our What’s New page

Question of the Week

Our Bylaws state that all of the members of the Active Staff are required to provide call coverage for our ED.  Assuming that we only have two neurosurgeons who are able to cover the ED each month, does this mean they must take 15 days of call each?  Our physician leaders are telling us that this is a tremendous burden, but we do not want to violate EMTALA.

Read the answer>>

Seminar Calendar

Our 2019/2020 Seminar Calendar is online. Check it out!

Spotlight on our Affiliates

Need to review a contract or a non-disclosure agreement in a hurry?

Let LegalSifter and HortySpringer help you do it! It’s as easy as uploading draft contracts for review. “Sifters” review the contract and identify important legal and business concepts that demand attention — or are missing entirely. The Sifters trigger Help Text, in-context analysis and recommended language from HortySpringer tailored to your specific needs — ALL IN A MINUTE OR TWO. LegalSifter is configured to review HIPAA business associate agreements, service contracts, non-disclosure agreements, software agreements, and many others; and helps our clients review, analyze, and negotiate contracts quickly and confidently.

Contact Dan Mulholland at DMulholland@hortyspringer.com to learn more.

Best Law Firm 2019

Since 1971, Horty, Springer & Mattern has been enabling our clients’ success in the health care industry through legal services, on-site education and national seminars. Whether you’re training and empowering physician leaders, dealing with Medical Staff issues, negotiating physician contracts, or are in need of leadership and training development, we can help.

At Horty, Springer & Mattern, we utilize the law to enable our clients’ success resulting in a powerful, positive, and lasting impact.