legal representation for fellows | The Health Law Firm Blog

HHS Announces Voluntary Resolution Agreement With University Of Southern California Medical School to Settle Sex Discrimination Complaints

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

On June 15, 2022, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), and the University of Southern California (USC), along with its medical enterprise, Keck Medicine of USC (KMUSC), entered into a voluntary resolution agreement or settlement. In a statement released to the public, HHS said the agreement would resolve a compliance review of KMUSC Entities’ policies and procedures for responding to sex discrimination complaints made by students, employees, or patients employed by, or participating in, any programs or activities receiving Federal financial assistance from HHS.

Read the press […]

By The Health Law Firm|2024-03-14T09:59:21-04:00September 11, 2023|Medical Education Law Blog|

New Campus Sexual Assault Rules Strengthen Rights of the Accused Student in School Hearings

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On May 6, 2020, the U.S. Education Department finalized a new policy that will reshape the way schools and universities respond to sexual misconduct complaints. Education Secretary Betsy DeVos issued rules to strengthen the rights of accused students, reduce legal liabilities, and narrow the scope of cases colleges are required to investigate. These investigations and hearing are often called “Title IX investigations and hearings.”

The agency started the overhaul in 2018 after revoking rules from the Obama administration that it says adopted a “failed system” that pressured schools to deny the rights of alleged […]

By The Health Law Firm|2024-03-14T09:59:58-04:00June 2, 2020|Medical Education Law Blog|

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

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

We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the individual we are representing has a medical history of mental health issues that may have caused or contributed to the problems they are facing.

In many situations, the troubles that are faced could […]

By The Health Law Firm|2024-03-14T10:01:20-04:00May 15, 2018|Medical Education Law Blog|

Rutgers University Faces Lawsuit Over Anesthesia Residency Program Head’s Alleged Sexual Harassment

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

On May 8, 2017, Rutgers University was hit with a lawsuit in New Jersey state court from former and current school employees. The suit alleges that the university failed to prevent, stop and remedy sexual harassment and retaliation by the director of its anesthesia residency program. Additionally, the suit also alleges that Rutgers “fostered a harassing and discriminatory atmosphere.”

What must be remembered is that residents, interns and fellows fill dual roles. They are employees as well as “students”or graduate medical education (GME) program participants. Therefore, they have the same rights as any other hospital or institution […]

By The Health Law Firm|2024-03-14T10:01:22-04:00May 15, 2018|Medical Education Law Blog|

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

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

We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the individual we are representing has a medical history of mental health issues that may have caused or contributed to the problems they […]

By The Health Law Firm|2024-03-14T10:01:24-04:00May 15, 2018|Health Facilities Law Blog|

Rutgers University Faces Lawsuit Over Anesthesia Residency Program Head’s Alleged Sexual Harassment

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

On May 8, 2017, Rutgers University was hit with a lawsuit in New Jersey state court from former and current school employees. The suit alleges that the university failed to prevent, stop and remedy sexual harassment and retaliation by the director of its anesthesia residency program. Additionally, the suit also alleges that Rutgers “fostered a harassing and discriminatory atmosphere.”

What must be remembered is that residents, interns and fellows fill dual roles. They are employees as well as “students”or graduate medical education (GME) program participants. Therefore, they have the same rights as any other hospital or […]

By The Health Law Firm|2024-03-14T10:01:26-04:00May 15, 2018|Health Facilities Law Blog|