Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Wednesday, April 10, 2013

Health Care Employees—Nondiscriminatory Reasons—Narcotics Overprescription



Ball v. Einstein Cmty. Health Assocs.  ____F.3d___(3d. Cir. 2/14/13), is an interesting case.
The Third Circuit holds that billing errors, overprescription of narcotics, and the failure to refer drug-seeking patients to a pain management specialist were legitimate, nondiscriminatory reasons for a medical practice not to renew a 73-year-old primary care physician's contract, which he failed to show were pretextual, where the physician prescribed narcotics at about twice the rate of other physicians in his office; additionally, there is no evidence that he was treated differently than similarly situated younger physicians.

Mitchell H. Rubinstein

Employment Discrimination | Permalink


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