Articles Posted in Health Care Law

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Plaintiff in this case was a physician who was granted clinical privileges as a member of Defendant hospital's medical staff beginning in 1974. The hospital declined to renew Plaintiff's privileges for 1984. In response to the nonrenewal of privileges, Plaintiff brought an action against the hospital seeking damages and injunctive relief for his loss of gross income. The trial court rendered judgment awarding Plaintiff nominal damages only. The appellate court affirmed the trial court's denial of injunctive relief but reversed the part of the judgment awarding nominal damages, concluding that the trial court should have deemed Plaintiff a lost volume seller and awarded him damages equal to his lost profits in 1984 only. The Supreme Court determined that the appellate court had incorrectly concluded that Plaintiff was a lost volume seller and incorrectly determined that Plaintiff was entitled to damages for lost profits in 1984 only. On remand, the trial court found that Plaintiff was a lost volume seller and awarded him damages in the amount of $258,610. The Supreme Court affirmed, holding that the trial court did not err in its judgment.View "Gianetti v. Norwalk Hosp. " on Justia Law

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The Arkansas Health Services Permit Commission awarded Hospitality Care Center a permit of approval (POA) for a nursing facility. Gracewood Nursing and Rehabilitation Center subsequently requested approval from the Commission to transfer the POA to it from Hospitality. Twin Rivers Health and Rehab opposed the transfer. The Commission ultimately granted the transfer of the POA. Twin Rivers sought judicial review of the Commission's decision and declaratory relief, naming as defendants the Commission, the Arkansas Health Services Permit Agnecy (AHSPA), Gracewood, and Hospitality. The circuit court granted the summary judgment motion of the Commission and the AHSPA and affirmed the Commission's decision. The Supreme Court (1) reversed and remanded the matter with directions to enter findings of fact and conclusions of law because the Commission did not set forth any findings of fact or conclusions of law to support its decision to grant the transfer of the POA; and (2) dismissed without prejudice that portion of the appeal relating to Twin Rivers's request for summary judgment, as the Court does not hear appeals piecemeal.View "Twin Rivers Health & Rehab, LLC v. Health Servs. Permit Comm'n" on Justia Law