Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony
Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony
Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony
Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony
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 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 […]
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 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 […]
Florida Court Denies Motion to End Patient Wrongful Death Suit Despite Settlement
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 15, 2016, The Florida Supreme Court refused to dismiss a lawsuit over the death of an escaped psychiatric hospital patient for the second time. The suit questions the thin line between medical and ordinary negligence, even though the parties settled their dispute several months ago.
The justices offered no explanation when they denied a motion from defendant-appellee Shands Teaching Hospital and Clinics Inc. (Shands) asking them to reconsider that ruling. Additionally, the court also maintained the same 4-3 split across both orders.
The Background.
The ongoing case stems from the January 23, 2013, death of Ashley Lawson. […]
Major Health Care Reform Bill On FDA Approvals, Mental Health Policy Clears House
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 30, 2016, the House of Representatives passed the 21st Century Cures Act. The new bill overwhelmingly passed wide-ranging legislation meant to overhaul the drug approval process, boost biomedical research, and many other significant health-related policies.
The Bill.
The bill would change research prioritization and medication review rules at the U.S. Food and Drug Administration (FDA) and the National Institutes of Health (NIH). Additionally, it would push medication development rules for a variety of items including new antibiotics to medical devices. The mental health reforms, originally developed in Helping Families in Mental Health Crisis Reform […]
City of Fort Myers, Florida, Agrees to Pay $149,000 to Settle Dispute With Mental Health Facility
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On February 3, 2017, the city of Fort Myers, Florida, agreed to pay $149,000 to settle a discrimination-related real estate zoning and licensing dispute with Sovereign Health of Florida Inc., a rehabilitative mental health and addiction treatment provider.
Sovereign Health, which opened January 2015, filed a federal lawsuit alleging that the city of Fort Myers violated discrimination and disability laws by trying to shut it down after nearby residents started to complain about the center and the crime they believed it would bring to the community. According to the lawsuit, the city allegedly violated the rights of […]