Posts tagged "Nursing"

Vilbon v. Board of Registration in Nursing (Lawyers Weekly No. 10-065-18)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12359

CARLINE VILBON  vs.  BOARD OF REGISTRATION IN NURSING.

April 18, 2018.

Board of Registration in Nursing.  Nurse.  License.  Moot Question.  Supreme Judicial Court, Superintendence of inferior courts.

Carline Vilbon appeals from a judgment of the county court dismissing as moot her appeal under G. L. c. 112, § 64, from an order of the Board of Registration in Nursing (board) indefinitely suspending her nursing license.  The grounds for the suspension were that Vilbon had not satisfied the educational requirements for licensure in Massachusetts and that she had engaged in deceptive conduct to obtain a license.  While the matter was pending before the single justice, the board reconsidered and withdrew its finding that Vilbon had engaged in deceptive conduct, acknowledging that it had erred in making this finding.  In addition, Vilbon remedied the deficiencies in her education.  The board therefore reinstated her license.  Vilbon now argues that, despite the reinstatement of her license, she has suffered further harm for which the board should compensate her and that sanctions should be imposed on the executive director of the board.  However, under the “plain and unambiguous language of G. L. c. 112, § 64,” Hoffer v. Board of Reg. in Medicine, 461 Mass. 451, 456 (2012), our authority is limited to “revising or reversing the decision of the board” suspending her license.  The statute does not provide for any further relief.  As Vilbon has received all the relief that is available under G. L. c. 112, § 64, the single justice properly dismissed the matter as moot.  See Padmanabhan v. Centers for Medicare & Medicaid Servs., 476 Mass. 1018, 1019 (2017), citing Rasten v. Northeastern Univ., 432 Mass. 1003, 1003 (2000). read more

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Posted by Massachusetts Legal Resources - April 18, 2018 at 7:50 pm

Categories: News   Tags: , , , , , ,

Barrow v. Dartmouth House Nursing Home, Inc., et al. (Lawyers Weekly No. 11-095-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

13-P-1375                                       Appeals Court

SCOTT R. BARROW, executor,[1]  vs.  DARTMOUTH HOUSE NURSING HOME, INC.,[2] & others.[3]

No. 13-P-1375.

Essex.     April 8, 2014.  –  August 18, 2014.

Present:  Kafker, Brown, & Sikora, JJ.

Nursing Home.  Arbitration, Parties, Stay of judicial proceedings, Confirmation of award.  Contract, Arbitration, Parties, Validity, Third party beneficiary.  Agency, Scope of authority or employment.  Health Care Proxy.  EstoppelPractice, Civil, Stay of proceedings. read more

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Posted by Massachusetts Legal Resources - August 19, 2014 at 9:20 pm

Categories: News   Tags: , , , , , , , ,