What’s New in Health Law
New Cases
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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.
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