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  • Former NFL Running Back Awarded $28.5 Million in Medical Malpractice Case

    In this matter, the principal issue related to the physician’s failure to evaluate, diagnose, and treat the patient’s talus bone and cartilage condition. The plaintiff argued the physician delayed and/or misdiagnosed his condition and provided improper treatment, resulting in permanent damage. Unfortunately, misdiagnosis and delay in diagnosis of orthopedic conditions are common forms of medical malpractice.

  • Provide Frequent HIPAA Training with Real-World Scenarios

    Training employees in HIPAA compliance should be frequent and include realistic situations, including scenarios in which they may unknowingly facilitate a breach.

  • Gastric Bypass Malpractice Yields $14.1 Million Verdict

    There are two principal ramifications arising from this decision. First, in a case involving medical malpractice, a common-law cause of action, the Open Courts Provision does not supersede statutory restrictions on recovery of economic damages via Chapter 33. Second, the decision allows for settlement credits to be applied for settlement of derivative claims, even if the non-settling plaintiff does not have a cause of action for the same derivative claim.

  • Big Penalties for Right to Access Initiative

    The Office for Civil Rights HIPAA Right of Access initiative recently led to the resolution of 11 cases at a cost of $626,000, emphasizing the risk of failing to comply with this requirement.

  • Proper Disposal of PHI Required, Often Overlooked

    The Office for Civil Rights announced a settlement with a Massachusetts dermatology clinic regarding the improper disposal of PHI, which serves as a reminder HIPAA compliance is not only about protecting data from hackers. Covered entities also are responsible for disposing of PHI appropriately.

  • Online Collaboration Platforms Create HIPAA Exposures

    Business communications are rapidly and dramatically moving from email to various collaboration platforms like Slack, Workplace by Meta, and Microsoft Teams. PHI can easily end up stored as part of collaboration data — a relatively new data set that is uniquely different from other electronic channels because of its fragmented and nuanced nature.

  • CMS: Infection Preventionists Required in Nursing Homes

    The Centers for Medicare and Medicaid Services has finalized requirements in long-term care that call for at least a part-time infection preventionist and emphasizes Certification in Infection Prevention and Control as a key credential of expertise.

  • Global Warming and Infectious Diseases

    Professor: Global warming and climate change favor the continuing rise of pandemic viruses and multidrug-resistant bacteria.

  • Will There Be a Winter Surge of COVID-19?

    Even amid an ongoing storm of other respiratory infections, some argue that the widely predicted winter surge of COVID-19 in the United States will be blunted by vaccination, natural infection, and hybrid immunity in the population.

  • Pros and Cons of ‘Proning’ COVID-19 Patients in ICU

    Many COVID-19 patients admitted for critical care may be periodically placed on their stomachs, a potentially life-saving course of treatment called “proning.” But proning makes intravenous lines difficult to access, drains patient oral secretions onto line sites, and increases the risk of some healthcare-associated infections.