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Week in Review

by Kroger Burrus on November 25th, 2013

Kroger | Burrus Week in Review

CASES

LasikPlus v. Mattioli
A laser eye surgery clinic filed suit alleging an ophthalmologist violated a non-compete agreement. The trial court denied the clinic’s motion for a temporary injunction. The Houston appellate court held the trial court did not abuse its discretion because the clinic did not establish it was likely to succeed on the merits. The court noted that non-compete agreements involving physicians must contain a buy-out provision and rejected the clinic’s argument that the trial court could reform the agreement to include a buy-out provision.

NEWS

Gynecologists Discouraged From Treating Male Patients
The American Board of Obstetrics and Gynecology has informed its members that they are not permitted to provide treatment to men, including anoscopies, a technique adapted from cervical cancer screening. Researchers fear the decision will stymie a national study on anal cancer prevention by prohibiting some of the most qualified physicians from participating.

Lawsuit Alleges Nurse ‘Worked to Death’
An Ohio man has filed suit against the hospital where his wife worked, alleging she fell asleep while driving due to fatigue associated with being overworked to compensate for inadequate staffing levels.

Study: Bedside Nurse Shift Handovers Improve Outcomes
Nurses can reduce errors and improve patient satisfaction by performing shift handovers at bedside rather than at a nursing station, according to recently published research.

Study Finds High Density Mattresses Help Prevent Pressure Ulcers
A randomized study of nursing home residents at risk for pressure ulcers found that there was no difference in the incidence of pressure ulcers for residents turned at intervals of two, three or four hours. Researchers concluded that high-density foam mattresses expose residents to less pressure than conventional spring coil mattresses, reducing the risk for pressure ulcer formation.

Surgeon Convicted of Manslaughter for Delaying Operation
A colorectal surgeon in London has been convicted of manslaughter and sentenced to 2.5 years for delaying surgery for a man with a perforated intestine. According to the judge, the physician suspected a bowel perforation but did not order a CT scan until the following morning and did not pursue findings of what proved to be free intra-abdominal air on the CT scan or request a reading from a radiologist.

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