ABA Health eSource - Your link to the ABA's Health Law Section
SpacerApril 2007 Volume 3 Number 8
Health Law Section News  April 4, 2007
A Practical Guide to Medicare Appeals
Physician-Legal Issues Conference

April 19-20, 2007
2007 Employee Benefits in Mergers & Acquisitions

(New York, NY)

April 26, 2007
Primer on Issues Faced by Tax-Exempt Healthcare Organizations

(Teleconference & Live Audio Webcast)

May 2-4, 2007
21st Annual National Institute on ERISA Basics

(Chicago, IL)

May 10, 2007
RHIO Planning, Organization, & Implementation A Primer

(Teleconference & Live Audio Webcast)

May 16-18, 2007
The 17th Annual National Institute on Health Care Fraud

(New Orleans, LA )

June 22, 2007
Physician-Legal Issues Conference

(Chicago, IL)

Interest Group Communication Highlights

Government Links


New Cumulative Supplements

CDC Public Health Law News

CDC Newsletter is a free electronic newsletter published weekly by the Centers for Disease Control and Prevention, Public Health Law Program


Chair's Column
by Paul R. DeMuro, Latham & Watkins LLP, San Francisco, CA and Katie Rose Fink, Law Student, Saint Louis University School of Law, St. Louis, MO

One way to increase the vitality and energy of the Health Law Section is to attract new members, particularly law student members with an interest in health law and working in the healthcare field. An added benefit of doing so, is that we are likely to decrease the average age of the HLS membership. In that regard, Katie Rose Fink, our law student representative on the HLS Council was kind enough to coordinate with me in penning this column.

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Federal Courts Reject Erin Brockovich's Latest Pitch
by Barry S. Landsberg and Joanna S. McCallum, Manatt, Phelps and Phillips, LLP, Los Angeles, CA

Erin Brockovich, of movie fame, is aggressively trying to stretch the limits of Medicare law by suing hospitals, nursing homes and other healthcare providers. So far, federal district courts in every one of the more than 30 California cases that Brockovich filed last summer have refused to "green light" this production. Rather, all courts have dismissed her claims, and they have done so upon initial motions to dismiss filed by the hospitals and other healthcare provider defendants.

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Refusing Medical Treatment: Beyond the Advance Directive
by Lois Snyder, American College of Physicians, Philadelphia, PA

Another case in Florida is shining the spotlight on refusal of life-sustaining treatment. The family of Madeline Neumann, who died in 1995 at the age of 92, is now having its day in court, two years after the Terri Schiavo case captured the nation's attention. Granddaughter Linda Scheible brought negligence, breach of contract and battery claims in 1997 against Morse Geriatric Center and its medical director Dr. Jaimy Bensimon for, she says, disregarding Ms. Neumann's advance directive with instructions on refusing life-prolonging measures (Linda Scheible, administrator of the Estate of Madeline Neumann, deceased v. Joseph L. Morse Geriatric Center and Dr. Jaimy Bensimon; Circuit Court, Palm Beach County, Florida). Ms. Neumann had Alzheimer's disease and suffered from seizures.

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Greetings from your HLS Membership Committee!

Congratulations to our third Membership Committee Incentive Program winner, Robert F Coyne, Gibbons P.C., Newark, NJ!

Incentive Prize: The Membership Gift Basket includeds delicious regional cuisiine, wine, Section program materials and other goodies.

You could be next! The HLS Membership Committee is hard at work developing the next membership incentive.


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Healthcare Litigation & Risk Management Interest Group

The Healthcare Litigation and Risk Management Interest Group examines areas in healthcare related litigation and the continuum of liability control.

The IG is led by Chair Martin J. Thompson, Manatt Phelps & Phillips, Costa Mesa, CA and Vice Chairs Michael E. Clark, Hamel Bowers & Clark, LLP, Houston, TX; Lois Snyder, American College of Physicians, Philadelphia, PA and Hilary Young, Joy & Young LLP, Austin, TX.

If you would like to join the Interest Group, continue by clicking the following link: Health Law Section IG Sign-up Form.

Do you want to communicate your ideas to thousands of other members through the wonders of cyberspace? To contribute a newsletter article on a health law topic, send us your ideas to Adam.Bielawski@americanbar.org

The opinions expressed are those of the authors and shall not be construed to represent the policies or positions of the ABA or the ABA Health Law Section.
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