Ex-Surgery Technician Slaps Georgia Urology Practice With Federal Discrimination Lawsuit
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 7, 2022, a former surgical technician hit a Georgia urology practice with a federal discrimination lawsuit, claiming it denied him a raise after complaining that a co-worker threatened him because of his sexuality. The plaintiff sued Georgia Urology, P.A., alleging violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Fair Labor Standards Act, and various state laws. He said that in addition to harassment from co-workers, management denied him a predetermined raise after he complained about an unnecessary, unlawful disclosure of his medical history and denied him overtime pay. He is seeking back pay and future pay (front pay), lost benefits, and other damages.
Alleged Ongoing Harassment.
Georgia Urology hired the former surgical tech in July 2020, and shortly after this, he alleges that his co-workers started referring to him using slurs concerning his sexual orientation. After he reported the statements to the operations director, the interim director of the practice, and the CEO, they told him if he was that unhappy at work, he should find a new job, according to the complaint.
Additionally, as part of his onboarding procedure with the medical practice, the plaintiff was required to take a blood test. According to the complaint, the director of ambulatory surgery centers asked a nurse manager to administer the test and send the results to a lab. In early November 2020, the nurse manager contacted the lab using her company credentials and asked for the plaintiffs’ lab information. But she said she was calling concerning a patient, rather than an employee, of Georgia Urology, he alleged. As a result, the lab disclosed his diagnosis to her, which he said was not a necessary term of employment. The complaint did not indicate any diagnosis.
He reported the breach of privacy to the urology practice’s director of people operations, but she was never disciplined for her actions. Instead, according to the complaint, the nurse manager denied his automatic pay raise several days after, even though he had completed the 90-day probationary period. Furthermore, she later asked him how he was even hired given his diagnosis, he claims later in his complaint.
Alleged Retaliatory Behavior From Co-Workers.
Later in November 2020, he said the nurse manager issued a write-up for an alleged incident that had occurred several weeks before his reporting her for obtaining his medical files. The former surgical tech said the retaliatory write-up was removed from his file, but the defendant never disciplined her for issuing the write-up.
In early December 2020, he again complained to management about the ongoing harassment. In response, the practice agreed to give him his raise on the condition that he “stop whining so much,” but he claims he never received the raise, according to the complaint.
The defendant eventually fired the plaintiff on December 17, 2020, for allegedly creating a staff shortage when he was out sick, even though the practice was not short-staffed. You can read the complaint in this case in full here.
To read about a similar case involving a pharmacist, click here to read one of our prior blogs.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
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This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors,
Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical
centers, pain management clinics, nursing homes, and any other healthcare provider. We represent
facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.
The lawyers of The Health Law Firm are experienced in both formal and informal administrative
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Osteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations. Several of our attorneys act as expert witnesses in attorney’s fee litigation and in health law litigation.
To contact The Health Law Firm, please call (407) 331-6620 or toll free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
Wargo, Abbey. “Ex-Surgery Tech Accuses Urology Practice Of Anti-Gay Bias.” Law360. (November 7, 2020). Web.
Ferrier, Valerie. “Bias Ruling Spotlights Confusion Over Protected Categories.” Law360. (August 25, 2020). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
Rapper 50 Cent Sues Florida Plastic Surgeon Over “Penile Enhancement” Ads & Social Media Photos
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On September 16, 2022, 50 Cent, the rapper and entrepreneur, sued a plastic surgeon and her Sunny Isle Beach, Florida, medical practice in federal court. The suit alleges that the doctor used photographs she took with 50 Cent to promote her business on social media. without his consent. The suit also alleges that the ads and social media falsely implied that 50 Cent had received penile enhancement treatment from the doctor’s practice when he had not.
A 32-page complaint (lawsuit) was filed in federal court in the Southern District of Florida by 50 Cent, whose real name is Curtis J. Jackson III. It was filed against Angela Kogan, M.D., and Perfection Plastic Surgery and Medspa.
And whoever said the practice of health law wasn’t fun and interesting?
Allegations Made in the Complaint.
According to the complaint, the plaintiff is a “world-famous celebrity and entrepreneur.” In February 2020, according to the complaint, 50 Cent agreed to take a photograph with Dr. Kogan. He thought she was a fan. Once she had taken the picture, the complaint states, she allegedly used it as promotional content for Perfection Plastic Surgery, touting 50 Cent as a client and insinuating his endorsement.
50 Cent claims that since the defendant took the photo, it’s also been featured in a news article opposite an image of a faceless male allegedly undergoing a penile enhancement procedure. He argues that this made the implication of the article clear, stating that “not only were [plaintiff’s] image and name linked to a sexual enhancement treatment he never had, but Kogan also falsely implied that [plaintiff] was her client for plastic surgery.”
Between February 2020, when the photos were taken, and August of 2022, the complaint alleges, Dr. Kogan and her business posted the images on her business accounts seven times, along with multiple hashtags for users to find them. However, the posts did not include disclaimers that 50 Cent was not a client/patient, the suit says.
Causes of Action Include Invasion of Privacy, Lanham Act Violations and More.
The complaint states that 50 Cent never received plastic surgery from the defendants. The complaint concludes by asserting that the defendants “opportunistically misappropriated Jackson’s (50 Cent’s) name and image for their own promotional and commercial advantage,” in violation of the Lanham Act and the plaintiff’s right to publicity.
The six-count complaint cites right of publicity, common law invasion of privacy, two violations of the Lanham Act, conversion, and unjust enrichment. 50 Cent is seeking punitive, treble, and exemplary damages, a permanent injunction preventing the defendants from further misconduct, litigation fees, interest, disgorgement of profits, and any other relief deemed proper by the court.
Read the complaint in full here.
Stay tuned for more on this interesting Florida law suit, as it unfolds.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services, including defense in complex medical litigation, for physicians, medical groups, and other healthcare providers. This includes plastic surgeons, cosmetic dermatologists, nurse practitioners, oral and maxillofacial surgeons, psychologists, psychiatrists, mental health counselors, and many others. This includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. We also represent health facilities, individuals, groups, and institutions in contracts, sales, and mergers, and acquisitions. The lawyers of The Health Law Firm are also experienced in litigation at formal and informal administrative hearings. We also represent physicians accused of wrongdoing, patient complaints, and in Department of Health investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
Atkins, Dorothy. “50 Cent Sues Fla. Surgeon Over ‘Penile Enhancement’ Ads.” Law360. (September 20, 2022). Web.
Heebink, Kendall. “Rapper 50 Cent Sues Florida Plastic Surgeon Over False Claims.” Law Street Media. (September 19, 2022). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law; he is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.
KeyWords: healthcare legal representation, legal representation for physicians, doctor defense legal representation, insurance audit defense attorney, complex health care litigation attorney, complex civil litigation attorney, complex healthcare litigation lawyer, complex medical litigation lawyer, Florida Louisiana District of Columbia (D.C.) professional license defense attorney, representation for complex medical litigation, representation for healthcare business litigation matters, legal representation for telemedicine issues, The Health Law Firm, reviews of The Health Law Firm Attorneys, The Health Law Firm attorney reviews, legal representation for health care professionals, nurse defense lawyer, representation for healthcare business litigation matters, legal representation for administrative hearing, legal representation for Department of Health investigation defense lawyer, doctor defense lawyer, legal representation for healthcare facility, legal representation in defense of complex medical and healthcare litigation, legal representation of plastic surgeons, legal representation of cosmetic dermatologists,
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
HHS OIG Release of New “General Compliance Program Guidance” Provides Valuable Insight on Prevention of Health Care Fraud, Waste, and Abuse
New Study Reveals Complex Coding Structures in U.S. For Rise in Medical Billing Costs
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
A study publicized in August 2022 revealed that the complex coding structures used in the United States drive up medical billing costs. This helps to make the U.S. one of the most expensive countries for health providers to get paid. According to the study, researchers used a micro-level accounting of billing and insurance-related (often abbreviated “BIR”) expenses in different national settings at six provider locations in five nations: Australia, Canada, Germany, the Netherlands, and Singapore. This most recent study supplements a prior study measuring such costs in the U.S.
The findings, published in Health Affairs Journal, revealed “BIR (billing and insurance-related) costs in the U.S. are generally much higher than the costs in other countries.” This means that all the extra costs of coding and billing, including the related expenses, are a significant factor in driving up health care cases in the U.S. Say what you want about doctors’ hating paperwork, but this study seems to validate that feeling.
The Findings of the Study.
The study confirmed what research has established that billing and insurance-related (BIR) costs in the U.S. are much higher than in other countries. For example, prices range from $6 in Canada to $215 in the U.S. for an inpatient surgical bill. In the U.S., that represented about 3.1 percent of the total professional revenue for the procedure. Providers also spent about 100 minutes processing the claim.
To compare, only Australia had similar billing and insurance-related costs to the U.S. Australia has a mix of publicly and privately funded payers and universal coverage. Billing and insurance-related costs were significantly less in Canada than in the other nations. The study said Germany, Singapore, and the Netherlands had equal billing and insurance-related costs.
A Common Trend: Complex Coding.
The U.S. has a coding process in which each payer has its forms and documentation requirements, creating a significant burden on providers to translate clinical documentation into billable codes for reimbursement.
Because of standardization in other countries, providers spend less time coding or do not need coders to translate documentation into billable codes. Additionally, “little physician time is spent entering billing-related information into the EHR [electronic health record] system, as charge codes are either generated automatically or entered manually by a lower-wage or nonclinical teammate,” the study stated. “As a consequence, these countries’ billing systems either require fewer labor resources or much less costly labor and physician time than the one in the U.S.”
Researchers also found that financial counseling could reduce overall billing and insurance-related costs in the U.S.
You can read the study in full and learn more by visiting Health Affairs, a leading peer-reviewed journal of health policy thought and research.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and other healthcare providers. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex litigation and both formal and informal administrative hearings. We also represent physicians accused of wrongdoing, patient complaints, and in Department of Health investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
LaPointe, Jacqueline. “Coding Drives Up Medical Billing Costs in the US.” Rev Cycle Intelligence. (August 3, 2022) Web.
Norris, Amanda. “REV CYCLE PROCESSES PUSH U.S. TO TOP OF LIST FOR HIGHEST MEDICAL BILLING COSTS.” Health Leaders Media. (August 10, 2022). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law; he is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
New Study Faults Coding Structures For Increased Medical Billing Costs in U.S.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
A study publicized in August 2022 revealed that the complex coding structures used in the United States drive up medical billing costs. This helps to make the U.S. one of the most expensive countries for health providers to get paid. According to the study, researchers used a micro-level accounting of billing and insurance-related (often abbreviated “BIR”) expenses in different national settings at six provider locations in five nations: Australia, Canada, Germany, the Netherlands, and Singapore. This most recent study supplements a prior study measuring such costs in the U.S.
The findings, published in Health Affairs Journal, revealed “BIR (billing and insurance-related) costs in the U.S. are generally much higher than the costs in other countries.” This means that all the extra costs of coding and billing, including the related expenses, are a significant factor in driving up health care cases in the U.S. Say what you want about doctors’ hating paperwork, but this study seems to validate that feeling.
The Findings of the Study.
The study confirmed what research has established that billing and insurance-related (BIR) costs in the U.S. are much higher than in other countries. For example, prices range from $6 in Canada to $215 in the U.S. for an inpatient surgical bill. In the U.S., that represented about 3.1 percent of the total professional revenue for the procedure. Providers also spent about 100 minutes processing the claim.
To compare, only Australia had similar billing and insurance-related costs to the U.S. Australia has a mix of publicly and privately funded payers and universal coverage. Billing and insurance-related costs were significantly less in Canada than in the other nations. The study said Germany, Singapore, and the Netherlands had equal billing and insurance-related costs.
A Common Trend: Complex Coding.
The U.S. has a coding process in which each payer has its forms and documentation requirements, creating a significant burden on providers to translate clinical documentation into billable codes for reimbursement.
Because of standardization in other countries, providers spend less time coding or do not need coders to translate documentation into billable codes. Additionally, “little physician time is spent entering billing-related information into the EHR [electronic health record] system, as charge codes are either generated automatically or entered manually by a lower-wage or nonclinical teammate,” the study stated. “As a consequence, these countries’ billing systems either require fewer labor resources or much less costly labor and physician time than the one in the U.S.”
Researchers also found that financial counseling could reduce overall billing and insurance-related costs in the U.S.
You can read the study in full and learn more by visiting Health Affairs, a leading peer-reviewed journal of health policy thought and research.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and other healthcare providers. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex litigation and both formal and informal administrative hearings. We also represent physicians accused of wrongdoing, patient complaints, and in Department of Health investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
LaPointe, Jacqueline. “Coding Drives Up Medical Billing Costs in the US.” Rev Cycle Intelligence. (August 3, 2022) Web.
Norris, Amanda. “REV CYCLE PROCESSES PUSH U.S. TO TOP OF LIST FOR HIGHEST MEDICAL BILLING COSTS.” Health Leaders Media. (August 10, 2022). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law; he is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
U.S. Government Renews COVID-19 Public Health Emergency, Extending Health Benefits for Millions of Americans
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On July 15, 2022, the United States again renewed the COVID-19 public health emergency, allowing millions of Americans special access to free tests, vaccines, and treatments. The public health emergency was initially declared in January 2020, when the coronavirus pandemic began. Since then, the Department of Health and Human Services has renewed it each quarter. HHS Secretary Xavier Becerra officially renewed the declaration extending it through October 13, 2022. View it in full here.
Ensuring Continued Access to Special Services During the Public-Health Emergency.
The declaration allows the U.S. to grant emergency authorizations of drugs, vaccines, and other medical countermeasures. As a result, it can administer those products to millions of people at no out-of-pocket cost. It’s also enabled millions of Americans to get health coverage through Medicaid, among other benefits.
It may also have additional benefits, such as allowing certain health care professionals to practice across state lines without getting a license in the state where the patient is and encouraging the continuation of video visits (telemedicine). But check your state and national regulations to be sure.
When the public health emergency expires, insured patients will be subject to co-pays or other costs, while the uninsured will lose easy access to free testing. In addition, millions could risk losing Medicaid coverage as states reinstate stricter enrollment rules that they had loosened to qualify for enhanced federal funding.
The Biden administration has ensured states it will give 60 days’ notice before ending the emergency to allow sufficient time to prepare for changes to specific programs and regulatory authorities. To learn more about Public Health Emergency Declarations, visit the Office for the Assistant Secretary of Preparedness and Response.
To read one of my prior blogs on the status of the COVID-19 pandemic in the healthcare industry, click here.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and other healthcare providers. It also includes medical students, resident physicians, fellows, medical school professors, and clinical staff. We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex litigation and both formal and informal administrative hearings. We also represent physicians accused of wrongdoing, patient complaints, and Department of Health investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
Aboulenein, Ahmed. “U.S. Renews COVID-19 Public Health Emergency.” Reuters. (April 13, 2022). Web.
Griffin, Riley. “Biden Administration to Again Extend the Covid Public-Health Emergency.” Bloomberg Law. (July 11, 2022). Web.
AHLA. “US Government To Extend COVID-19 Public Health Emergency Again.” Health Law Daily. (July 13, 2022). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law; he is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
Female Scientist Files Suit Against Duke School of Medicine For Discrimination, Retaliation
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 10, 2023, a female scientist in the anesthesiology department at Duke University’s School of Medicine filed a complaint against the school under Title VII and the Equal Pay Act. She told the U.S. District Court for the Middle District of North Carolina that Duke paid her less than her male colleagues, increased her hours without increasing her pay, and threatened her with demotions after complaining about it.
According to the complaint (lawsuit), she was the first female principal investigator (PI) to work in Duke’s hyperbaric medicine center. The term “principal investigator,” as used in scientific research, means an individual with a medical degree or Ph.D. appointed directly by third parties (usually the sponsors) to lead and oversee funded scientific research projects on their behalf.
Alleged Hostile Work Environment.
Reportedly, on August 14, 2019, the scientist accepted the position of Assistant Consulting Professor in the Department of Anesthesiology at the Duke University School of Medicine. Because she was expecting to undergo several surgeries, she negotiated a part-time role in which she would work ten hours per week at a $30,000 salary, according to the suit. The federal government funded her projects. Duke clarified it paid her $70 an hour. Additionally, the lawsuit alleged that she was promised to receive more money if she exceeded 10 hours per week.
However, the plaintiff said that her supervisor began assigning her to additional work starting in December 2020 and raised her hours to 20 to 40 hours per week without any extra pay. She contacted the human resources department, but the problem went uncorrected, according to court documents.
Additionally, she began talking to her other colleagues, who were male PIs, about their pay rates and learned that they were all making more than her. The suit claimed that one male PI earned $100,000 for the same work she performed while receiving less than half that amount.
Alleged Gender Discrimination.
The scientist alleges that she complained to Duke about gender discrimination in August 2021. She said her supervisor presented her with an ultimatum two weeks later:
She could either be demoted to a staff position or be downgraded to a job assisting a male PI or resign from her current faculty position. She refused all options, the complaint said.
Subsequently, Duke allowed her contract to lapse, leaving her with 20 hours a week and unclear employment rights under the university’s internal policies, the suit said. According to the complaint, this resulted in her making far less than the $70-per-hour pay rate she was not only promised but also that the university was charging the federal government.
Therefore, she claims in the complaint Duke’s refusal to compensate her at the same pay rate as her male counterparts constitutes a violation of the Equal Pay Act.
The University’s Alleged Retaliation.
After she filed her complaints with the U.S. Equal Employment Opportunity Commission (EEOC), Duke allegedly retaliated against her, according to the suit. This occurred when Duke tried to reclassify her to a nonfaculty position and deprive her of human resources (HR) services and grievance rights.
She also claims that the university interfered with her attempts to escape the discriminatory and retaliatory environment of the anesthesiology department. The complaint states that Duke required her to apply only for staff positions and refused to allow her to be hired as faculty by another department. Still, according to the suit, her supervisor “spread malicious and false information about her” and told her she was ineligible for a transfer. And by mid-2022, she said, her supervisor had begun to refuse to speak directly to her altogether.
Her suit seeks back pay, punitive damages, and attorney fees. To read the entire lawsuit (complaint), click here.
To read other legal documents, visit our website’s Articles and Documents section.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, resident physicians and fellows, assisted living facilities, ambulatory surgical centers, nursing homes, and other healthcare providers. We represent principal investigators, clinical professors, medical researchers and others in defense of allegations of scientific misconduct, research fraud and similar matters.
The lawyers of The Health Law Firm are experienced in both formal and informal administrative
hearings and in representing physicians in investigations and at institutional review board (IRB) investigations and hearings, and university academic hearings. We represent physicians accused of wrongdoing, in patient complaints, and in Department of Health investigations. Several of our attorneys act as expert witnesses in attorney’s fee litigation and in health law litigation.
To contact The Health Law Firm, please call (407) 331-6620 or toll free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
Freedman, Emmy. “Duke Paid Female Scientist Less Than Male Peers, Suit Says.” Law360. (August 10, 2023). https://www.law360.com/health/articles/1709732?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-08-11&read_main=1&nlsidx=0&nlaidx=18
Dalesio, Emery. “Duke University to Pay $54M to Settle Suit Over Hiring Agreement with UNC.” Insurance Journal. (June 7, 2019). https://www.insurancejournal.com/news/southeast/2019/06/07/528679.htm
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.
HCA Healthcare Data Breach May Affect 11 Million Patients
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On July 11, 2023, HCA Healthcare, which operates 180 hospitals in the U.S. and Britain, said a hacker may have stolen the personal data of about 11 million patients in a data breach. A press release warned patients that critical personal information had been compromised, including their full name, city, and when and where they last saw a healthcare provider.
What Happened to the Patient Data?
Data samples, including addresses, phone numbers, e-mails, and birth dates, were posted to DataBreaches.net (an online forum popular with cyber crooks) by a hacker trying to sell them. However, after publication, an HCA spokesperson told CNBC that the sample data set published was only a “marketing campaign” (or fake data) and was not an individual patient’s real medical assessment.
Who is Affected?
The hack affects patients in nearly two dozen states, including those from dozens of Florida and Texas facilities. The data also included information on scheduled appointments and the medical departments involved. The hacker also dumped a file online in what appeared to be a failed attempt to extort HCA. It included nearly one million records from the company’s San Antonio division.
Patient data breaches are not uncommon, but they can vary in scope and effect. HCA’s breach did not include critical medical records. The company said that the breached data originated at an external storage location exclusively used to automate the formatting of e-mail messages.
HCA Healthcare will offer credit monitoring and identity protection services for patients who have been impacted. But in the meantime, the company is encouraging everyone to look out for spam calls, texts, or e-mails, targeting them for fraud and scams.
For more information on this topic, read one of my prior blogs.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services for all healthcare providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, social workers, assisted living facilities, and other healthcare providers. It includes resident physicians and fellows, medical students, medical school professors, and clinical staff. We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex litigation and both formal and informal administrative hearings. We also represent physicians, nurses, and mental health professionals in investigations for alleged wrongdoing, patient complaints, and Department of Health investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.
Sources:
Bajak, Frank. “HCA Healthcare says data breach may affect 11 million patients in 20 states.” Associated Press (AP). (July 11, 2023). https://apnews.com/article/data-breach-hca-healthcare-hack-identity-theft-507d8b8915dd934a5be4bd6fb853dfb1
Galarza, Monica. “HCA Healthcare data breach impacts millions of patients, dozens of Florida facilities. Here’s what to know.” CNBC. (July 11, 2023). https://www.nbcmiami.com/news/business/money-report/hca-healthcare-data-breach-impacts-millions-of-patients-dozens-of-florida-facilities-heres-what-to-know/3069139/#:~:text=HCA%20Healthcare%20released%20a%20statement,locations%20of%20the%20patients’%20appointments
Goswami, Rohan. “HCA Healthcare patient data stolen and for sale by hackers.” CNBC.
(July 10, 2023). https://www.cnbc.com/2023/07/10/hca-healthcare-patient-data-stolen-and-for-sale-by-hackers.html
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law; he is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.
The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law
Rapper 50 Cent Reaches Settlement with Floridians in Lawsuit Over Fake Penis Enlargement Ad
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 21, 2023, Houston rapper 50 Cent settled a lawsuit with a publication over alleged false penis enlargement claims. The rapper, whose real name is Curtis J. Jackson III, sued The Shade Room LLC using three alternative theories of defamation, per se, per quod, and by implication.
The lawsuit revolved around a website article and social media posts, including a photo of him standing next to Angela Kogan of Perfection Plastic Surgery & Medspa in Florida. Both Kogan and Perfection are also named in the rapper’s complaint, which you can read here.
The Complaint.
The rapper initially sued Kogan in September 2022. He maintains that she stole a photo of him to promote her business under the false pretense he’d used the company’s services. In addition, he accused The Shade Room of further enlarging the story by re-posting it and opening him up to further “ridicule.” 50 Cent and his legal team claimed: “By publishing the article and falsely stating or implying that Jackson had received plastic surgery procedures from Kogan or MedSpa, or the penile enhancement or other procedures described in the article, TSR committed a clear act of defamation.
The Settlement.
According to the settlement notice, 50 Cent and the publication “are in the process of executing their respective obligations pursuant to the agreement.” Additionally, it stated that a notice of voluntary dismissal would be forthcoming. The terms of the settlement were not disclosed. You can read the notice of settlement in the case here.
For more information on this case, read my prior blog.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services, including defense in complex medical litigation, for physicians, medical groups, plastic surgeons, cosmetic dermatologists, and other healthcare providers. This includes plastic surgeons, cosmetic dermatologists, nurse practitioners, oral and maxillofacial surgeons, psychologists, psychiatrists, mental health counselors, and many others. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. We also represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are also experienced in litigation at formal and informal administrative hearings. We also represent physicians accused of wrongdoing, patient complaints, and in Department of Health investigations.
To contact The Health Law Firm, please call our office at (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.
Sources:
Keller, Aaron. “50 Cent Settles Penile Enhancement Ad Suit With Publication.” Law360. (February 21, 2023). Web.
AllHipHop. “EXCLUSIVE: 50 Cent’s Penis Enlargement Lawsuit Grows: He’s Now Suing The Shade Room.” MSN. (January 21, 2023). Web.
Brown, Preezy. “50 Cent Settles Lawsuit With The Shade Room Over Alleged Penis Enhancement Photo.” Vibe. (February 21, 2023). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law; he is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.