Mid-Atlantic Health Law TOPICS

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Did You Know? Summer 2012

Arbitration: Did you know that the Supreme Court recently held that nursing homes may enforce arbitration agreements signed by patients at the time the patient is admitted, even in suits for negligence or wrongful death? The court held that the Federal Arbitration Act, a federal law requiring states to respect arbitration clauses in most commercial contracts, trumped a West Virginia law that categorically invalided such arbitration clauses.

Medical Negligence: Did you know that Maryland's highest court recently held that a physician found liable for medical negligence at trial and ordered to pay a lump sum for his patient's future medical expenses must still pay the lump sum even if the patient dies while the negligence verdict is being challenged?

Conscience Laws: Did you know that a federal court recently held that a "delivery rule" issued by the State of Washington's Board of Pharmacy violated pharmacists' constitutional right to the free exercise of religion? The rule required pharmacists to stock and dispense all prescription medications (including emergency contraception), except in cases where the drug is unavailable or a pharmacist lacks the facilities to store the drug safely. The court found that the rule unlawfully targeted religious pharmacists.


June 25, 2012




Rosen, Barry F.


Health Care