Administrative Law Topics: Negligence / Gross Negligence

IRB Creep Threatens Innovative Treatment in California

In light of research abuses committed in the 20th Century such as the Tuskegee Syphilis Study conducted by the U.S. Public Health Service between 1932 and 1972, and radiation experiments conducted during the Cold War, Congress passed the National Research Act of 1974. The Act was followed by the "Belmont Report" which made recommendations regarding the regulation of human subjects research. Today, the Code of Federal Regulations (45 CFR Part 46) provides standards for Institutional Review Board (IRB) approval when human subjects research is contemplated.

RN Wins Dismissal of Accusation Alleging Failure to Follow Orders by Doctor

A California hospital terminated a group of ICU nurses. The nurses believe it was a cost cutting measure by a new manager. The hospital claims that a narcotics audit revealed improprieties regarding the administration of narcotics. The hospital terminated the nurses and reported them to the Board of Registered Nursing. We represented one of the nurses.

Ob-Gyn Wins Early Termination of Probation

A California Ob-Gyn was one of a small group of specialists serving a rural area.  A patient whom the physician had previously treated , having delivered her children, presented with complaints of unusual, continuous bleeding.  The doctor asked the patient to undergo a pelvic exam and Pap smear to help determine the cause of bleeding.  The patient demurred, saying she had just undergone a Pap smear and exam with her primary care physician who referred her to the Ob-Gyn.  She said she was embarrassed and uncomfortable undergoing further examination.

Board of Registered Nursing Closes Investigation of Delayed Medication

The Board of Registered Nursing investigated our client's role in treatment of a hospital patient after a malpractice settlement.  Our client was one of several nurses involved in the patient's treatment.  The malpractice lawsuit alleged professional negligence against the treating physicians and hospital.  One of the allegations was that the administration of a single medication was delayed.  The hospital settled the case and allocated a small percentage of responsibility to our client without the nurse's knowledge.  Years later, a Special Investigator from the Board of Registered Nursing

Medical Board Petition to Terminate Probation Early Granted

A psychiatrist was put on probation by the Medical Board of California following an administrative law hearing in 2010 after an accusation charging negligence and record keeping violations had been filed.  The doctor was found negligent for failing to provide adequate means for patients to make contact on an emergency basis, as well as record keeping violations.  The term of probation imposed was five years, with requirements that courses in Ethics and Record Keeping be completed.