Dental and Medical Counsel Blog

Case Study: Hospital Changed Shift Requirements Affecting Worker on FMLA Leave

By Ali Oromchian, Esq.

In Quigley v. Meritus Health, Inc., a court held that a hospital’s decision to change shift requirements which affected a worker on Family and Medical Leave Act (FMLA) leave did not constitute unlawful interference. In this case, an ultrasound technician who was on FMLA leave was the hospital’s only technician who had a set schedule, working 8 hours per day Wednesday through Sunday. The hospital implemented a requirement that all ultrasound techs work rotating schedules so as to have an ultrasound technician available to patients 24 hours per day. This regulation affected the employee on leave more than any other worker as the employee was the only ultrasound tech on a set schedule at the time that the change went into effect....

Read More
Posted on 03/05/2020 at 09:59 AM

Anxiety, Disability, and ADA Compliance

By Ali Oromchian, Esq.

People with disabilities, including those who have a physical, sensory, cognitive, or mental impairment are covered by the Americans with Disabilities Act (ADA). The ADA covers a variety of areas, including all aspects of employment — reviewing applications, interviewing, hiring, training, promotion, salary, and termination, as well as employee benefits and workplace privileges.

Read More
Posted on 01/08/2020 at 10:00 AM

ADA Ruling Against Hospital: High Cost Does Not Qualify As “Undue Hardship”

By Ali Oromchian, Esq.

In this 2017 case study, Johns Hopkins Hospital had been issued a tough blow: In Searls v. Johns Hopkins Hospital, a deaf nurse accepted a job offer from the hospital, and then informed them that she would need an American Sign Language (ASL) interpreter in order to perform her job functions. Johns Hopkins rescinded the offer, stating that there was no room within the department’s budget to make such an accommodation. Therefore, the hospital reasoned, they were under no obligation to provide the interpreter because the cost for the interpreter constituted an “undue hardship” and therefore was not required by the Americans with Disabilities Act (ADA). The nurse filed a discrimination suit, and the court found against Johns...

Read More
Posted on 12/04/2019 at 09:38 AM

Case Shows ADA Noncompliance Can Cost You

By Ali Oromchian, Esq.

As every good employer knows, the Americans with Disabilities Act prevents companies from discriminating against employees and applicants based upon their disabilities. But as a case demonstrates, repeated and/or company-wide failures to follow the ADA’s guidelines, including those which were part of the ADA Amendments Act passed a few years ago, can cost employers big money.

Read More
Posted on 09/04/2019 at 10:58 AM

Case Summary: Gender Discrimination Costs Healthcare Firm $125K

By Ali Oromchian, Esq.

Today’s lesson on what not to do comes from a case filed against a healthcare firm by the Equal Employment Opportunity Commission, details for which can be found in the the EEOC's announcement of a settlement against Maryland-based Dimensions Healthcare System. 

Read More
Posted on 06/12/2019 at 12:14 PM

Why You Should Always Memorialize Your Business Agreements in Dental Contracts

By Ali Oromchian, Esq.

Framed in the simplest terms possible, legal disputes are expensive. They waste valuable time and money, and can cause a wealth of other issues along the way. The best way to stop this problem is to try and completely avoid disputes and work to minimize risks. By memorializing your dental practice’s business agreements in contract, you can limit the possible amounts of mitigation you will need to do later. You can even avoid trials by including binding language regarding mediation and arbitration. Overall, making sure that your contract language is both clear and detailed is the first step towards successfully memorializing your business agreements.

Read More
Posted on 05/15/2019 at 10:45 AM

How Data Breaches Affect Dental Practices

By Ali Oromchian, Esq.

As technology evolves so do the risks to a dental practice especially when it comes to HIPAA and other related security breaches of sensitive data. When you own a dental practice, a data breach occurs when there has been unauthorized access to data that is confidential which includes information such as patients’ social security numbers, names, addresses, birth dates and more.  Most data breaches are sourced from several types of events: criminal attacks, system vulnerabilities or human error.

Read More
Posted on 03/20/2019 at 10:38 AM

Defense in Professional Board Matters

By Ali Oromchian, Esq.

Imagine that you have a successful dental practice. You serve your patients to the best of your ability; you try to go above and beyond for them. Then one day, you have an encounter with that patient, or there happens to be some sort of incident or accident. What happens next? Below is a high-level look at the way professional board matters work and how to seek to resolve them. 

Read More
Posted on 02/06/2019 at 11:38 AM

What is Arbitration?

By Ali Oromchian, Esq.

If you are at all familiar with the field of law, you likely know that there is almost always more than one way to bring issues to resolution. There are two basic types of resolution: traditional litigation and alternative dispute resolution (ADR). Alternative dispute resolution often involves actions that occur outside of a courtroom as a means of saving all interested parties significant amounts of both time and money. Arbitration and mediation are two examples of ADR, and they are frequently mistaken for one another. Mediation is a more flexible method of resolution which may be both voluntary and non-binding.  Arbitration, however, can be a little more rigid in its requirements and results.

Read More
Posted on 01/16/2019 at 11:45 AM

What is Mediation?

By Ali Oromchian, Esq.

In the world of legal issues, there are a number of possible ways that you can work to resolve your problems. While you have likely heard of traditional litigation, it is less likely that you have heard of alternative dispute resolution (ADR). These alternative options usually include mediation and arbitration, and the two are frequently confused for one another.

Read More
Posted on 12/19/2018 at 03:51 PM

Subscribe to Our Blog

Hours

  • Monday

  • 8:00AM - 6:00PM

  • Tuesday

  • 8:00AM - 6:00PM

  • Wednesday

  • 8:00AM - 6:00PM

  • Thursday

  • 8:00AM - 6:00PM

  • Friday

  • 8:00AM - 6:00PM

  • Saturday

  • CLOSED

  • Sunday

  • CLOSED

Questions? Need More Info? Contact Us!