May 2024

9th Circuit Court Rules Former Nurse Can Proceed With Med Mal Suit Against VA Hospital

By |2024-04-30T20:00:37-04:00May 2, 2024|Health Facilities Law Blog|

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

On September 29, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a former federal employee can sue the United States under the Federal Tort Claims Act (FTCA). The suit alleges medical negligence that occurred during psychiatric treatment for a non-workplace-related injury.

As a result, the three-judge panel of the appeals court said that U.S. Navy veteran and VA nurse S.H.s’ lawsuit against a Seattle VA hospital can proceed. (Please note: we are not providing the nurse’s name out of respect for her privacy.)

In 2019, the district court dismissed S.H.’s federal tort lawsuit […]

March 2024

9th Circuit Says Former Federal Nurse Can Proceed With Medical Malpractice Suit Against VA Hospital

By |2024-03-24T20:02:06-04:00March 26, 2024|Nursing Law Blog|

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

On September 29, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a former federal employee can sue the United States under the Federal Tort Claims Act (FTCA). The suit alleges medical negligence that occurred during psychiatric treatment for a non-workplace-related injury.

As a result, the three-judge panel of the appeals court said that U.S. Navy veteran and VA nurse S.H.s’ lawsuit against a Seattle VA hospital can proceed. (Please note: we are not providing the nurse’s name out of respect for her privacy.)

In 2019, the district court dismissed S.H.’s federal tort […]

January 2024

Ex-Navy Officer Sentenced to 2.5 Years in Prison For $2 Million Insurance Fraud

By |2024-03-14T09:59:14-04:00January 2, 2024|Health Facilities Law Blog|

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

On October 18, 2023, an ex-Navy officer was sentenced to 30 months in prison after he pleaded guilty to conspiracy to commit wire fraud for his role in an insurance fraud scheme. The judge tacked on an extra three years of post-release supervision.

The case is U.S. v. Cote et al., case number 3:18-cr-01674, in the U.S. District Court for the Southern District of California.

The Fraudulent Scheme.

The former Naval officer admitted to conspiring with eight others to defraud the Traumatic Service Members Group Life Insurance Program. This […]

September 2023

NC Medical Malpractice Suit Against the U.S. Dismissed Due to 4-Year Time Limit

By |2024-03-14T09:59:21-04:00September 6, 2023|The Health Law Firm Blog|

author headshot standing in a dark suit against grey backgroundBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Hartley Brooks, Law Clerk, The Health Law Firm

On July 18, 2023, a federal judge in North Carolina granted a motion to dismiss a suit against Naval Hospital Camp Lejeune based on a state law four-year time bar on malpractice claims.

Background Facts.

We have the facts from the court’s decision in this case.

On December 3, 2016, the plaintiff patient arrived at the Naval Hospital Camp Lejeune Emergency Department with abdominal pain, nausea, and vomiting. After examination, […]

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