A Proven Dispute Resolver with Health Care Experience

Judge Nusbaum is able to draw upon her many years of judicial experience as a temporary judge and arbitrator for the California Superior Court, an administrative law judge for the Mass. Industrial Accident Reviewing Board and a Commissioner of the Maine Workers’ Compensation System, to manage arbitration hearings, thoroughly and impartially evaluate testimony and other evidence, and render reasoned arbitration awards.

Health Care

 Judge Nusbaum has judged, arbitrated, mediated and helped parties to settle hundreds of health care disputes.

Recent Health Care Cases 

Personal Injury: Claim for $1,000,000 under the Federal Tort Claims Act for an injury that occurred in the course of medical treatment by the VA Health Care System. Sole Mediator, U.S.D.C. ADR Program.

Continuing Care Contract: breach, negligent misrepresentation, accounting, financial elder abuse (Welfare & Inst. Code 15610.30). Sole arbitrator, American Arbitration Association. 

Real Estate: Claims of private nuisance against owner of adjacent condominium from infiltration into the unit of cigarette smoke. Claims of compensatory damages to remove the cigarette smoke odor from the unit and of punitive damages. Early Settlement Conference Neutral, Superior Court of California, Santa Clara County.

Medical Malpractice: Claims arising from alleged negligent medical care and treatment including failure to timely diagnose and treat a serious ear condition that caused a brain abscess, meningitis and stroke. Sole Arbitrator, Office of the Independent Administrator, Kaiser Member Arbitration.

Civil Rights: Americans with Disabilities Act. Claims for damages and injunctive relief of repairs and modifications to the parking lot, liquor store, and restaurant to provide suitable access to a physically disabled person with peripheral neuropathy. Sole Mediator, U.S. District Court for the Northern District of California.

Consumer: Durable Medical Equipment. Claims by a patient against a durable medical equipment (DME) provider for overcharges of co-insurance amounts, incorrect billing, delivery of defective equipment and negligent assessment and education. Consumer-Related Dispute under the Expedited track of the Commercial Arbitration Rules. Sole Arbitrator, American Arbitration Association.

Managed Care: Payment of Physician Services. Claims for breach of contract, quantum meruit, breach of covenant of good faith and fair dealing and intentional misrepresentation. Sole Arbitrator, American Health Lawyers Association ADR

Payment of Hospital Services Claims for (1) Negligent Misrepresentation, (2) Breach of Implied Contract, (3) Unfair Competition, (4) Common Count – Open Book Account, (5) Common Count – For Work, Labor, Services, and Materials Rendered, and (6) Quantum Meruit, arising from Hospital’s provision of services. The reasonable value of the services rendered and whether they were for emergency care was disputed. Sole Mediator, United States District Court for the Northern District of California.

Labor and Employment. Claims for breach of employment contract, invalidity of arbitration clause, unconscionable fee splitting provisions of arbitration agreement, wrongful discharge, unlawful employment practices, retaliation, defamation and intentional interference with contractual relations between a doctor and the employing medical clinic. Amount in controversy $6,000,000 plus punitive damages. Sole Arbitrator, American Health Lawyers Dispute Resolution Service.

Managed Care: Breach of Contract. Complaint for breach of Acute Hospital Services Agreement provisions regarding billings and claims dispute resolution, authorization and coverage for out-of-plan medical treatment, California Health & Safety Code, § 1367(h), California Administrative Code, Tit. 28, § 1300.71.38. Amount in controversy $41,705. Expedited hearing procedures under the AHLA Rules of Procedure for Arbitration. Sole Arbitrator. American Health Lawyers Dispute Resolution Service.

Medical Malpractice. Claims of medical malpractice arising out of surgery for ovarian cyst. Early Settlement Conference Neutral, Superior Court of California, Santa Clara County.

Medical Malpractice. Claims against a plastic surgeon arising out of abdominoplasty procedure (commonly referred to as a tummy tuck). Dueling medical experts. Amount in controversy $250,000. Temporary Settlement Judge, Superior Court of California, Santa Clara County.

Medical Malpractice and Medical Battery. Claim for damages arising out of administration of medication. Issues involved informed consent, violation of hospital standards, medical causation, accuracy and validity of medication administration and other hospital records. Sole Arbitrator. Kaiser OIA Arbitration.

Breach of Contract. Claims arising under an international exclusive distributor agreement for DNA test kits. Issues involved refunds, indemnification, use of domain names and website representations about the product. Parties: United States and United Kingdom. Choice of Law: State of California and U.S. Forum Selection: Santa Clara County, California, U.S. Mediator, ad hoc mediation.

Medical Malpractice. Action for wrongful death of an infant from hypoxic ischemic encephalopathy due to perinatal cardiac arrest, metabolic acidosis and pulmonary hemorrhage. Claims of negligent obstetrical medical care provided by the attending obstetrician and the hospital nursing and neonatal staff. Issues of medical causation and the nature and extent of disability arising out of a fetal maternal hemorrhage, the standard of care and the MICRA cap. Amount of in controversy in excess of $750,000. Settlement Judge Pro Tem, Superior Court of California, Santa Clara County.

EMTALA. Claims for damages arising under 28 U.S.C. §§ 1343 (a) (3) & (4), the Emergency Medical Treatment and Active Labor Act. Amount in dispute $3,500,000. Mediator. U.S. District Court for the Northern District of California Alternative Dispute Resolution (ADR) Program.

Medical Malpractice. Claims for medical negligence arising out of a cataract extraction, retrobulbar or choroidal hemorrhage and retinal detachment resulting in blindness, issues of informed consent. Settlement Judge Pro Tem. Superior Court of California, Santa Clara County, Judge Pro Tem Program.

Medical Malpractice. Dental malpractice case arising out of wisdom tooth extraction resulting in permanent injury to the lingual nerve with dysesthesia. Amount in controversy $ 300,000. Settlement Judge Pro Tem Superior Court of California, Santa Clara County, Judge Pro Tem Program.

Medical Malpractice. Medical malpractice claim of acute pancreatitis from negligent endoscopic retrograde cholangiopancreatogram (ERCP) procedure, with issues of the standard of care and informed consent. Amount in controversy over $3,000,000. Settlement Judge Pro Tem. Superior Court of California, Santa Clara County, Judge Pro Tem Program.

Recent Health Care Training 

Advanced Training in Healthcare Mediation, November 17-18, 2016, 14 hours, American Arbitration Association. 

Health Care Publications and Lectures

“Workers’ Compensation Coverage Limited for Injuries Sustained En Route to Medical Treatment,” Winter 2010 Newsletter, page 5, Insurance Law Section, Santa Clara County Bar Association, March 12, 2010.

“ ‘Longshore Act’ Does Not Cover Psych Injuries Arising Out of Good Faith Personnel Actions,” Winter 2010 Newsletter, pages 7-8, Insurance Law Section, Santa Clara County Bar Association, March 12, 2010.

“Recent Case Developments in California Health Law,” State Bar of California Business Law Section, Health Law Committee E-Bulletin, January 27, 2010.

“October 2009 Case Developments in California Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, December 7, 2009.

“September 2009 Case Developments in California Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, November 4, 2009.

“Health Plans Must Offer But Not Necessarily Provide, Infertility Coverage under Health & Safety Code § 1374.55,” Santa Clara County Bar Association, Insurance Section Fall Newsletter, page 4, October 22, 2009.

“Mental Disability with Physical Component Not Subject to 2 Year Limitation on Mental Disability Benefits,” Santa Clara County Bar Association, Insurance Section Fall Newsletter, pages 3-4, October 22, 2009.

“July-August 2009 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, September 14, 2009.

“June 2009 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, July 6, 2009.

“May 2009 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, June 29, 2009.

“March-April 2009 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, May 27, 2009.

“February 2009 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, March 30, 2009.

“January 2009 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, February 24, 2009.

“December 2008 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, January 26, 2009.

“November 2008 California Case Developments in Health Law,” State Bar of California, Business Law Section, Health Law Committee E-Bulletin, January 7, 2009.“Reach Through Royalties and the Patent Misuse Defense: Can a Tool Company Still Hit the Jackpot?,” Biotech Briefing Newsletter of the Biotechnology Committee of the American Bar Association, Section of Science and Technology Law, Vol. 3, No. 1, Fall/Winter 2006/07.

ADDRESS
2120 Harbourside Drive, Unit 638, Longboat Key FL, 34228, USA

EMAIL ADDRESS
snusbaum@impartia.com

PHONE NUMBER
+1-941-383-1667