California, Pennsylvania and Kentucky Move to Tighten Laws Related to Controlled Substance

Lance Leider headshotBy Lance O. Leider, J.D., The Health Law Firm

In reports from both coasts, three states have recently made moves to tighten monitoring and prescribing of controlled substances. Legislators in California, Pennsylvania and Kentucky are contemplating new actions. Health professionals should take note, these prescription drug monitoring programs can, and will be, used as a prosecution tool.

Details of the Prescription Drug Monitoring Program Possibly Coming to Your State.

According to the Los Angeles Times, California is looking to utilize its prescription drug monitoring program CURES to find physicians who are a little too loose with the prescription pad. Lawmakers are contemplating mining the data compiled by CURES to find physicians who are overprescribing and take action against them. Click here to read the entire Los Angeles Times article.

The Pennsylvania house recently forwarded a bill from committee to the floor for […]

Healthcare Providers Service Organization (HPSO) Attorneys, Lawyers and Defense Council for Pharmacists

10 Indest-2008-7By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Often we learn after the fact that a health professional such as a mental health counselor, psychologist, or pharmacist has received Healthcare Providers Service Organization (HPSO) insurance, has had a legal problem, and has not been able to locate an attorney or law firm that accepts this type of insurance. We have offices in Florida and Colorado, but we have attorneys licensed in Florida, Colorado, Louisiana, the District of Columbia, Virginia and other states.

Additionally, we can provide legal advice and representation in license investigations and administrative proceedings in many other states.

If you have HPSO Insurance, do not go without an attorney or with a lawyer that has little or no experience where you need it. Contact us, and we will help you.

We Will Work […]

Inmates Family Sues Jail After Improper Care

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Orange Country Jail Sued.

A wrongful death suit has been filed against Orange County Jail due to what some are saying was a preventable death.  The suit was filed directly against Robert Buck, the head of the jails health services department, along with four nurses that cared for the late inmate.

Dog Bites Leads to Death In Jail.

In 2015, Max Gracia was arrested. During his arrest, he sustained many bites from one of the police dogs. He was treated in the hospital until he was stable. Once he was moved to the jail cell he was found unconscious and later died in the hospital. The autopsy reported that he died from an E Coli infection that stemmed from the dog bites. His mother, Willine Gracia, has filed the […]

FDA Issues New Warning for Popular Type 2 Diabetes Drug

2 Indest-2009-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
The Food and Drug Administration (FDA) recently warned that a new class of type 2 diabetes drugs may cause a serious condition and can lead to hospitalization. Included in that warning is Invokana, the first in a new class of frontline treatment for type 2 diabetes. It was approved in 2013 and quickly gained popularity among health care providers and patients. Other drugs in the class include Invokament, Jardiance, Xigduo XR, Farxinga and Glyxambi. These drugs, known as SGLT2 inhibitors, are intended to improve glycemic control in patients with type 2 diabetes by blocking the absorption of glucose in the kidneys.

The Problem.

According to the FDA’s warning, SGLT2 inhibitors can lead to the development of diabetic ketoacidosis, a serious condition that can result in cerebral […]

Mentally Ill Inmate Gouges Out Own Eyes, Sues County for Negligence

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 7, 2017, a mentally ill inmate in the Boulder, Colorado, jail sued a sheriff in federal court, claiming that the jail staff failed to stop the man from using his fingers to gouge out his own eyes after several prior attempts to do so. The inmate sued the sheriff and 21 other jail employees in U.S. District Court in Denver. He claimed that he blinded himself because they failed to heed warning signs to treat his mental illness, according to the civil lawsuit filed by his Denver civil rights attorneys.

Inmate Negligence.

The inmate, who is now blind and suffers from deep, severe schizophrenic psychosis, is seeking monetary awards for negligence, including compensatory damages for physical and psychological injuries including pain and emotional distress and humiliation. […]

Inmates Family Sues Jail After Improper Care

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Orange Country Jail Sued.

A wrongful death suit has been filed against Orange County Jail due to what some are saying was a preventable death.  The suit was filed directly against Robert Buck, the head of the jails health services department, along with four nurses that cared for the late inmate.

Dog Bites Leads to Death In Jail.

In 2015, Max Gracia was arrested. During his arrest, he sustained many bites from one of the police dogs. He was treated in the hospital until he was stable. Once he was moved to the jail cell he was found unconscious and later died in the hospital. The autopsy reported that he died from an E Coli infection that stemmed from the dog bites. His mother, Willine Gracia, has filed the […]

New Database Allows Consumers to Evaluate Nursing Homes Across the Country

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Consumers have a new online tool to see which nursing homes are being hit with fines for poor quality, safety or maintenance. Nursing Home Inspect 2.0 is a free database that assists users in evaluating nursing homes across the country. The database was first introduced by ProPublica, a nonprofit investigative news organization, in August 2012. On December 17, 2012, the same organization introduced the 2.0 version that includes information about federal fines imposed on nursing homes in the past three years.

The website can be found at Propublica.org/nursinghomes.

According to the website, the information provided comes from government inspection reports from the Centers for Medicare and Medicaid Services (CMS).

Fines Against Nursing Homes are Handed Out Inconsistently.

On the front page the website shows colored maps of […]

Mentally Ill Inmate Gouges Out Own Eyes, Sues County for Negligence

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 7, 2017, a mentally ill inmate in the Boulder, Colorado, jail sued Sheriff Joe Pelle in federal court, claiming that the jail staff failed to stop the man from using his fingers to gouge out his own eyes after several prior attempts to do so. Ryan Partridge sued Pelle and 21 other jail employees in U.S. District Court in Denver. He claimed that he blinded himself because they failed to heed warning signs to treat his mental illness, according to the civil lawsuit filed by Denver civil rights attorneys David Lane and Kathryn Stimson.

Inmate Negligence.

The inmate, who is now blind and suffers from deep, severe schizophrenic psychosis, is seeking monetary awards for negligence, including compensatory damages for physical and psychological injuries including pain […]

Indiana Nurses Fired for Refusing to Get Flu Shots

George F. Indest III is Board Certified by The Florida Bar in Health Law George F. Indest III is Board Certified by The Florida Bar in Health Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all health professionals in the state to receive the flu vaccination. Some of those opposed to getting vaccinated are being fired by hospitals and health facilities. Because of this, a controversy is arising between employee rights and patient safety, according to a number of news sources.

Click here to read more on this […]

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