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Feb 20, 2018

SC county seeks to keep emergency medical services

GAFFNEY (AP) A South Carolina county is asking a court to order a hospital to continue emergency medical services that the hospital wants to end. Cherokee County has filed a motion for preliminary injunction to stop Mary Black Health System Gaffney from discontinuing EMS services on March 1. The motion was filed Friday in the […]

May 10, 2016

Labor & Employment – Hospitals Must Bargain with Nurses’ Union

NLRB v. Bluefield Hospital Co. (Lawyers Weekly No. 001-087-16, 27 pp.) (Agee, J.) No. 15-1203, May 6, 2016; On Application for Enforcement; 4th Cir. Holding: The 4th Circuit grants enforcement of a National Labor Relations Board order requiring two West Virginia hospitals to bargain with the duly elected representatives of the National Nurses Organizing Committee […]

Apr 25, 2016

Taxation – Sales Tax – Hospital – Orthopaedic Prosthetic Devices

CareAlliance Health Services v. South Carolina Department of Revenue (Lawyers Weekly No. 010-032-16, 8 pp.) (Kaye Hearn, J.) Appealed from the Administrative Law Court (Shirley Robinson, ALJ) S.C. S. Ct. Holding: When a vendor sells an orthopaedic prosthetic device directly to a hospital for use in rendering medical services to its patients, no prescription is […]

Dec 22, 2015

SC Supreme Court allows 2 new hospitals in Berkeley County

COLUMBIA, S.C. (AP) — The South Carolina Supreme Court says two new hospitals can be built in Berkeley County. The court late last week turned down an attempt by Trident Health to block plans by Roper St. Francis to build a 50-bed hospital in Berkeley County. Trident already had plans to build a 50-bed hospital […]

May 11, 2012

Hospital’s effort to block suit fails

In its tort reform act of 2005, the South Carolina legislature created new procedural hurdles for patients to clear before they could file suit for medical malpractice. On May 7, the South Carolina Supreme Court declined an opportunity to erect an additional one. After Willie James Fee died in the care of Piedmont Medical Center in 2009, his estate brought a medical malpractice claim against th[...]

Apr 5, 2012

Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital

U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.

Apr 1, 2011

Peer-review privilege keeps file locked

A confidential file on a patient who was injured while trying to escape a Beaufort hospital in 1999 wasn't discoverable, even though it held evidence that the hospital knew the patient was a danger to himself. So said the S.C. Court of Appeals in a ruling that centered on the patient's battle to unlock a statutory peer-review privilege that rendered the file confidential. The patient, Danny R. Pri[...]

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