Mentally Ill Inmate Gouges Out Own Eyes, Sues County for Negligence

7 Indest-2008-4By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 7, 2017, a mentally ill inmate in the Boulder, Colorado, jail sued Sheriff Joe Pelle in federal court, claiming that the jail staff failed to stop the man from using his fingers to gouge out his own eyes after several prior attempts to do so. Ryan Partridge sued Pelle and 21 other jail employees in U.S. District Court in Denver. He claimed that he blinded himself because they failed to heed warning signs to treat his mental illness, according to the civil lawsuit filed by Denver civil rights attorneys David Lane and Kathryn Stimson.

Inmate Negligence.

The inmate, who is now blind and suffers from deep, severe schizophrenic psychosis, is seeking monetary awards for negligence, including compensatory damages for physical and psychological injuries including pain and emotional distress and humiliation. He suffers from auditory and visual hallucinations, delusions and paranoia, according to the lawsuit.

On December 17, 2016, Partridge curled up in a ball in his cell with fingernails that hadn’t been cut for six weeks and plucked both of his eyes “completely out of his head,” the lawsuit says. The lawsuit also says jailers failed to respond to a series of precursor events in which the inmate said he would gouge his eyes out. In early 2016, he banged his head into his toilet, breaking seven teeth, the lawsuit says. Additionally, there were several prior attempts by the inmate to committed suicide.

Shane McGurk, the jail’s mental health program director, sought an emergency court order to get him psychiatric treatment. The judge ordered deputies to immediately take him to get psychiatric treatment. However, according to the lawsuit, the orders were ignored and the “Defendants’ willful and deliberate indifference to Mr. Partridge’s serious medical needs directly led to his self-mutilation, head and vertebrae injury, broken teeth and ultimately, to his permanent blindness.”

The jail failed to properly train officers in how to care for a mentally ill inmate, the lawsuit said.

This is not the first time an inmate or their families have sued for improper care during incarceration. Click here to read one of my prior blogs on a similar case.

It is an unfortunate reality that our society today tends to ignore citizens with true and severe mental health illnesses, choosing to treat them as criminals, instead. Instead of allocating funds for treatment, acting in a preventative manner, it prefers to spend the money for prisons and paying for incarceration. This is a complete shame. This poor, mentally ill individual suffers the consequences. Unfortunately, the officials who run our jails and prisons also suffer by being the treater of last resort, which is grossly unfair to them, as well. Our jail and prison officials should have a “safety relief valve” available to them where they can divert individuals who have been incarcerated because of their mental illnesses and obtain appropriate treatment for them.

Providing Representation For All Health Care Professionals.

Our firm has represented a number of nurses, physicians and other health care professionals who provide care in jails and prisons, as well as in other government facilities and institutions. We routinely represent physicians, nurses and advance practice nurses who work for the VA, the Department of Health, the county, the military, the Indian Health Service and other government agencies. Although government employees may have personal immunity from civil suits, they are not protected against termination and other employment actions, complaints against their professional license, National Practitioner Data Bank reports, and other types of administrative actions; our firm represents them in all of these. The government is not going to represent you in these. Call us at the first sign of a legal problem.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Mitchell, Kirk. “Mentally Ill inmate sues for negligence.” The Denver Post. (December 8, 2017). Web.

Mitchell, Kirk. “Psychotic Boulder jail inmate gouges out own eyes, sues county for negligence.” The Denver Post. (December 7, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for government physicians, legal representation for government nurses, legal representation for mental health professionals, mental health defense attorney, legal representation of mental health counselors, mental health counselor defense attorney, legal defense of professional licensure cases, legal representation for Board of Nursing cases, legal representation for Board of Medicine cases, Board of Nursing investigation defense attorney, legal representation for peer review, legal representation for administrative actions, legal representation for health care professionals, legal representation for psychiatrists, psychiatrists defense attorney, defense counsel for mental health professionals, health care lawyer, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright © 2017 The Health Law Firm. All rights reserved.

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Massage Therapist Sued for $25 Million After Alleged Sexual Assault

2 Indest-2009-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A woman who claims she was assaulted at a Massage Envy location in the Northwest section of the District of Columbia (D.C.) filed a $25 million lawsuit against the company and the massage therapist who she said attacked her. The alleged victim, who is not identified in the suit, said the franchise owners never should have hired the alleged attacker, and that they knew he previously had been accused of assaulting women.

The Allegations.

According to the suit, the defendant removed a sheet that was covering the woman and made inappropriate oral sexual contact toward the end of her 90-minute massage at a Massage Envy location. The woman immediately pulled the sheet back up to cover herself and told him to leave.

The defendant has been accused in four separate reports of sexual misconduct at three different locations. Click here to read about all of the accusations against the defendant.

The woman who filed the suit is seeking $25 million from Massage Envy, the franchise owners and the defendant.

To learn about how to protect yourself as a massage therapist from situations like this and the repercussions, click here to read one of my prior blogs.

Contact Health Law Attorneys Experienced in the Representation of Massage Therapists.

The attorneys of The Health Law Firm provide legal representation to massage therapists in Department of Health (DOH) investigations, licensing matters and other types of investigations of health professionals and providers. We have represented a number of massage therapists who have had summary actions initiated against their massage therapy licenses by the Department of Health (DOH).

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com

Sources:

Segraves, Mark. “Woman Sues DC Massage Envy, Masseur for $25M After Alleged Assault.” NBC Washington. (October 14, 2017). Web.

Swalec, Andrea. “Massage Envy Worker Now Accused in 4th Sex Abuse Case.” NBC Washington. (September 21, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawfirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone; (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!

George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, references “vast reams” of government agency guidance explaining the government’s views and interpretation of various laws. It includes laws related to requirements for accurate billing of Medicare and Medicaid by healthcare providers.

The “Brand Memorandum.”

In the memo, Brand said the DOJ “may not use its enforcement authority to effectively convert agency guidance documents into binding rules.” The memo is a product of Attorney General Jeff Sessions’ move in November 2017, to curtail “regulation by guidance.”

It states that it specifically applies to civil enforcement of laws, including the False Claims Act (FCA), that the Associate Attorney General oversees.

Click here to view the DOJ’s Brand Memorandum in full on our website.

Implications of the Brand Memorandum.

Brand’s memorandum stopped short of completely forbidding the use of agency guidance in support of DOJ cases. The memorandum indicates that, while violations of agency guidance can’t be used to prove violations of law, they can still be used “to help prove that the party had the requisite knowledge” of its legal obligations, Brand wrote.

FCA cases can be affected by many types of guidance. Medicare contractors provide guidance on billing when appropriate and the U.S. Food and Drug Administration (FDA) issues guidance on illicit off-label promotion. Additionally, the Office of the Inspector General (OIG) issues guidance and bulletins related to kickbacks and improper physician referrals.

To learn more about the DOJ’s role in health care fraud and compliance, click here to read one of my prior blogs.

Visit our website to find out how The Health Law Firm can assist you with Medicaid fraud defense, Medicare fraud defense and False Claims Act defense cases.

What Will the Long Term Effects Be?

We see these latest actions by the DOJ to announce a policy of allowing big corporations unbridled discretion to steal from the tax payers. We believe it signals a change to discouraging False Claims Act cases from being brought. It is difficult to see why DOJ is easing off of matters that help the prosecution of False Claims Act cases, especially those by individual relators (whistle blowers). Whistle blower or qui tam cases brought by hundreds of individual whistle blowers are now recovering billions of dollars each year in Medicare and Medicaid fraud. Why would anyone want to stifle such a successful program?

It is argued by DOJ that the DOJ’s budget is limited and U.S. Attorneys need to be freed up to go after serious crime, but that is exactly why the False Claims Act was passed in the first place. If the government doesn’t have the resources, personnel or, more importantly, the interest in pursuing those who files false claims and state form the tax payer, then private whistle blowers or relators are authorized to do this. All the government has to do is to decline to intervene in the case and then the relator can go ahead and pursue the case on its own, without costing the government anything. It was because of war profiteers’ treating the U.S. treasury as a piggy bank, to be looted anytime they felt like it, that caused the False Claims Act’s passage in the Civil War era.

There is also a big concern that if there is less guidance on such complex topics as how to properly document valid medical services and procedures delivered to patients, then how can busy doctors, health care professionals and health facilities hope to understand what is require of them. It is my understanding that such “guidance” is for just such a purpose, to guide those who are trying to comply.

Consult with a Health Law Attorney Experienced in Medicare and Medicaid Issues Now.

The attorneys of The Health Law Firm represent health care providers in Medicare audits, ZPIC audits and RAC audits throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program.

For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620 or (850) 439-1001.

Sources:

Overley, Jeff. “New DOJ Memo Will Make Waves In Fraud Cases.” Law360. (January 29, 2018). Web.

“New DOJ Memo Will Make Waves In Fraud Cases.” Institute for Legal Reform. (January 29, 2018). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.